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Rainmaker
783,581
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

Some agents don't seem to understand that they can be fired despite having a listing agreement. No, I wouldn't try to enforce a listing if sellers weren't happy with me, although I would try to find out the reason(s).

Jun 01, 2015 07:55 PM
Rainmaker
2,331,798
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Good morning Ginger. If I was in the business, I would release any seller that didn't want to work with me.

Jun 01, 2015 07:16 PM
Rainmaker
1,506,461
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Calabasas CA

I had situations when a client wanted to list with me, but a previous listing agent refused to terminate.

I would not do it to my clients. If they have to terminate, I'd let them go.

 

Jun 01, 2015 05:00 PM
Ambassador
1,770,455
Noah Seidenberg
Coldwell Banker - Evanston, IL
Chicagoland and Suburbs (800) 858-7917

No if they do not want to work with me that see ya later.

Jun 01, 2015 02:42 PM
Rainer
225,481
Michael Rasch
International Property Finder - Property Option - Hallandale Beach, FL
Michael Rasch 305-741-1819

Listing agreements are legal marketing contracts, never forget that. A letter of termination of listing, requires that the seller PAY ME my documented marketing fee's plus a cancellation fee prior to canceling from the MLS otherwise it will end up Withdrawn till the expiration date.

So that can add up rather quickly... 295 sign post + 1200 mailers and web site and web site promotion + a few more items .... about even 2 grand within the first 5 business days.

Spend a minute looking at your listing agreement, you should always have a cancellation fee, You should have a clause for documented expense. You need to get paid for your services that you did.

Now are their exceptions to this rule, Yes, I had a client have a heart attack and they could not move for 3 years until the recovery. so that's a straight loss, I am hoping that I get that listing, but, I did withdraw the listing not cancel it.

A note:

Cancel = Realtor no longer legally attached to the listing but procure cause is still in effect.

Terminate = similar as above but procure cause has been voided also

Withdrawn = listing no longer active, no other Realtor can have the listing, also, procure clause is still in effect. property sells during this time in any way, I am still due a commission.

We are a business, treat it as such.

please don't think this is legal advice, use a lawyer of your own to figure out exactly what your state's terms mean legally.

Jun 02, 2015 01:09 AM
Ambassador
1,527,051
John McCormack, CRS
Albuquerque Homes Realty - Albuquerque, NM
Honesty, Integrity, Results, Experienced. HIRE Me!

No.  If they want out why not let them go?  

Jun 01, 2015 11:34 PM
Rainmaker
3,330,223
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

Have honestly never had that happen...but what is the point ? Part company and move on...hanging on creates more ill will.

Jun 01, 2015 07:16 PM
Ambassador
4,306,594
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Ginger Harper - in fact, at our listing consultation, I provide them with my EASY EXIT guarantee! What's the point holding on the listing if there is a difference of opinion?

I'd call this - Divorcing Of Listing!

Jun 01, 2015 03:59 PM
Ambassador
3,985,140
Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

I no longer do. I don't need the hassle and an uncooperative seller can make your worklife miserable. Let them go, and count your blessings.

Jun 01, 2015 01:18 PM
Rainer
210,903
Sharon Altier, SFR
Lawton Realty Group, Inc. - Elmhurst, IL
Your Real Estate Partner

I think the most professional response to the Sellers is to let it go.  No reason to have it turn ugly. 

Jun 01, 2015 01:09 PM
Rainmaker
4,858,908
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

No, why buck the current! 

Jun 01, 2015 12:28 PM
Rainmaker
3,462,255
Nina Hollander
Coldwell Banker Realty - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

Oh my goodness, no. We can't force anyone to sell their home if they don't want to. And if for some reason they just want to get rid of me (although that's not yet happened), why would I want to hold someone hostage?

Jun 01, 2015 11:03 PM
Rainmaker
3,415,007
Richard Weeks
Dallas, TX
REALTOR®, Broker

Basic law of agency in Texas.  You don't have a choice.  If they want to terminate you must.  If you think they did not have a valid reason you could take them to court, but who is going to do that.

Jun 01, 2015 09:52 PM
Rainmaker
1,826,627
Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker in DC, MD, VA and attorney in DC

I think the ill will that is created when a company won't let the listing go is phenomenal - can you imagine the yelp reviews on that one - LET IT GO! 

Jun 01, 2015 09:11 PM
Rainmaker
686,859
Hella Mitschke Rothwell
(831) 626-4000 - Honolulu, HI
Hawaii & California Real Estate Broker

I would think that usually when it got to that point, both sides would be happy to part.

Jun 01, 2015 05:29 PM
Rainmaker
1,680,021
Larry Johnston
Broker, Friends & Neighbors Real Estate and Elkhart County Subdivisions, LLC - Elkhart, IN
Broker,Friends & Neighbors Real Estate, Elkhart,IN

I don't see any reason to hold on to the listing.  I work for the client.

Jun 01, 2015 02:20 PM
Rainmaker
112,416
Jeanne Feenick
NextHome Premier - Basking Ridge, NJ
Basking Ridge, Warren, Bridgewater Market Expert

Nope, after 3 months if the seller wants to terminate the relationship, I will release them unconditionally.

Jun 01, 2015 01:24 PM
Ambassador
931,598
Frank Rubi
Frank Rubi Real Estate, LLC - Metairie, LA
FrankRubiRealEstate.com

I will withdraw as soon as the seller show no interest in the listing. 

Jun 01, 2015 01:10 PM
Rainmaker
956,847
Ginger Harper
Coldwell Banker Sea Coast Advantage - Southport, NC
Your Southport~Oak Island Agent~Brunswick County!

I would not hold them either.  Some companies do..but I agree...what is the point!

Jun 01, 2015 11:27 AM
Rainmaker
341,889
Cindy Davis
SD Home Source Realty - San Diego, CA

Absolutely not. What would be the point?

Jun 01, 2015 11:26 AM
Rainmaker
4,798,663
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

No.  I will terminate it.

Jan 22, 2019 09:23 AM
Rainmaker
3,064,654
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

It depends

Feb 26, 2018 05:48 AM
Rainer
60,591
Renee Paray
Coldwell Banker Preferred - Blue Bell, PA
REALTOR

I would let the sellers out of a listing if they were not satisfied with me or my level of service. I work very hard to provide a high level of service and I am very timely with communications. I do not want any client to use me if they feel differently. 

Jun 02, 2015 08:11 AM
Rainmaker
280,399
Jeanne Gregory
RE/MAX Southwest - Sugar Land, TX
The most important home I sell is YOURS!

I had a neighbor once who was getting out of the business.  He had a pre-foreclosure listed and we both knew the seller.  When he put his license on inactive status, the seller called me.  The former agent's broker demanded that the listing be kept with their company until the termination date.  I got it 30 days before it went to foreclosure and got it sold.  That seller was not happy to say the least.

Jun 02, 2015 01:32 AM
Rainmaker
315,309
Victor Amadi
PRODUCER Realty, LLC - Greenville, SC
Greenville SC Realtor

Definitely not! If they want out, they are free to go. I will not hold anyone captive!

Jun 02, 2015 12:44 AM
Rainmaker
3,645,486
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

The listings are technically the brokers'.   If there is a question of termination, it needs to be discussed with the broker.   It's best in my opinion to let it go and open the windows of new opportunity.  

Jun 02, 2015 12:42 AM
Rainmaker
699,027
Chris and Dick Dovorany
Homes for Sale in Naples, Bonita Springs and Estero, Florida - Naples, FL
Broker/Associate at Premiere Plus Realty

Why in the world would anyone do that?  Spite?  If there is no meeting of the minds, smile and say "thank you and I wish you the best of luck".

Jun 02, 2015 12:17 AM
Rainmaker
1,405,727
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Ginger Harper No, there is no reason to keep it. My listing agreement has a termination clause, if the seller is unhappy. Never had anyone use it though.

Jun 01, 2015 11:26 PM
Rainmaker
4,432,838
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

I just read an article about this topic and about withdrawn listings. You have to be careful if an offer comes in from one of the agents who showed it  when you had the listing. 

Jun 01, 2015 09:18 PM