Inna Ivchenko, Realtor® • GRI • HAFA • PSC Calabasas CA (Barcode Properties)

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Rainmaker
955,521
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Hahaha, this is where you marry at leisure so you do not repent in haste.
Seller and broker should be in lockstep as to what kind and how much marketing is done during term of listing.
Did seller not know what marketing would be done? Did the broker agree to a plan? Those things definitely need to be carved before the listing is signed.
Broker probably doesn't have to cancel the listing.
But just like Alexandra said, why stay married to someone that doesn't love you. NEXT!
My listings have a mutual 7 day kickout clause. If you're not happy, bye. If I'm not happy, bye.
Ain't no lie, bye bye bye! LOL

Apr 23, 2018 04:19 PM
Rainmaker
1,775,877
Lyn Sims
Schaumburg, IL
Real Estate Agent Retired

In IL they must give 30 days notice in writing. Sometimes if the seller screams loud enough the agent/broker will let them out sooner. Not me - I've had people lie, cheat & it's the 30 day rule no matter how much I can't stand them. That's what email & texting is for.

Apr 23, 2018 02:31 PM
Rainmaker
5,768,742
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Inna,

We would happily cancel, why create conflict?  

Apr 23, 2018 02:25 PM
Rainmaker
541,638
Buzz Mackintosh
Mackintosh REALTORS - Frederick, MD
“Experience, reliable, leadership”

There should be a termination clause in the contract, there is one in our State agreement that is inserted by the Broker w/ their terms and conditions.

Apr 23, 2018 04:02 PM
Rainmaker
1,147,512
Kevin J. May
Florida Supreme Realty - Hobe Sound, FL
Serving the Treasure & Paradise Coasts of Florida

My only requirement is that I get it in writing but if they're not happy, they're free to go.

Apr 23, 2018 02:25 PM
Ambassador
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Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

       My company policy is to let them go.  I put a Zero in the "cancellation fee" line on the listing contract.   I have only had a couple of cancellations; both cases were to take the house off the market and use it as a rental.

     This clause is from the Tallahassee BOR standard form:

 

Apr 23, 2018 03:14 PM
Rainmaker
1,372,915
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

Sounds like a transactional attitude and a mess.

I'm with Kevin J. May if I don't close with an advocate, my time was wasted.

Apr 23, 2018 05:25 PM
Rainmaker
2,115,047
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

If they signed a contract they are best off either letting it run and hope someone sells the home or they could pull the listing and keep it off the market until the agreement runs out Inna Ivchenko .

Apr 23, 2018 02:20 PM
Ambassador
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Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
The right Charlotte REALTOR!

I've been the second agent to sellers who have fired their agents before. What worked best for them is the threat of contacting the Commission if the agent/brokerage did not let them out of their Contract.

There are termination forms in both NC & SC and sellers have the option to use them if they are unhappy with their service.

Apr 23, 2018 05:07 PM
Rainmaker
619,504
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

The seller has the right to cancel provided they reimburse the listing agent for all their receipted marketing costs.

Apr 23, 2018 04:03 PM
Ambassador
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Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

We do have an obligation to our clients, hopefully my agreements will not need testing ever.

Apr 23, 2018 03:21 PM
Rainmaker
7,130,625
Roy Kelley
Retired - Gaithersburg, MD

Follow the terms of the listing agreement. I prefer to have an easy out provision.

Apr 23, 2018 02:24 PM
Rainmaker
5,581,328
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

the broker/owner is the only person who can cancel that listing.... the listing belongs to the office.... if the agent does not do quality marketing but IS nmarketing, the broker does not need to cancel the listing.... 

If an agent on the team has a listing and the seller is not happy, we cut them loose.... we don't make a big deal of it....onward and upward....

Apr 23, 2018 02:16 PM
Rainmaker
583,557
Greg Large
ERA Real Solutions - Grove City, OH
A Tradition of Trust

This is something that would be decided at the Brokerage, not State staute here.

Apr 23, 2018 04:07 PM
Rainmaker
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Peter Mohylsky
PMI. Destin - Miramar Beach, FL

Sticky situation if you ask me.  

Apr 23, 2018 03:45 PM
Rainmaker
516,974
Dan Tabit
Keller Williams Bellevue - Sammamish, WA

It depends on the terms of the contract. My guess is they can ask and the Managing broker can say "yes" "no" or "what if...".  Often times a managing broker may choose to reassign a listing to another agent rather than have an unhappy client.  If they won't I suppose a consultation with an attorney and threats to badmouth the office on social media may be in order. 

Apr 23, 2018 02:39 PM
Ambassador
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Kat Palmiotti
406-270-3667, kat@thehousekat.com, Broker/REALTOR® - Kalispell, MT
Helping your Montana dreams take root

It depends on what the listing agreement says. All the listing agreements I've seen do allow for cancellation. That being said, some agreements won't allow the seller to put the home back on the market with someone else until the original contract timeframe has expired. 

 

Apr 24, 2018 03:13 AM
Rainer
87,920
Jeff Perlis Prime Properties
Prime Properties - Lake Arrowhead, CA
Experience Your Own Transformation!

It is not easy. I'm usually waiting for their listing to expire to relist.

Apr 23, 2018 10:20 PM
Ambassador
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Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Inna Ivchenko I do not think just the seller can cancel the agreement in MA. It is a two-party agreement and broker must agree.

Apr 23, 2018 09:22 PM
Rainmaker
4,305,869
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

If this situation would occur I would discuss with the broker since the listing was with the seller and the broker.

Apr 23, 2018 04:29 PM
Rainmaker
4,573,377
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

They can request a termination... afterall, it is a contract. That doesn't mean a broker is required to terminate the contract. By the same token, why would any broker hold a member of the public "hostage?" It's very bad pr. Now, if the listing agent has done an abominable job of marketing and listing the home, I've yet to run into a broker who has refused to terminate a contract. There is the argument that the agent did not live up to terms of the contract of promised services.

Apr 24, 2018 04:04 AM
Rainmaker
2,143,341
Andrew Mooers | 207.532.6573
MOOERS REALTY - Houlton, ME
Northern Maine Real Estate-Aroostook County Broker

Expectation of the partnership... set them early on. But if the listing owner is not happy like a buyer who can not purchase after all the step to help them fail, let go or get dragged. Spend the ROI on listings you can sell without the turbulence. It is like an ER triage, help the ones you can save instead of laboring over the ones that sad to say are going to die no matter what you do. 

Apr 24, 2018 03:30 AM
Ambassador
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Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Retired Agent / Broker / Property Manager

Legal remedies and the right remedy are often different. 

Apr 23, 2018 07:42 PM
Rainmaker
2,700,775
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Complain to the local board is one way. Another is to state your peeve in writing to the Broker. Lastly, breaking a contract is easy to do but comes with consquences. You can break it for cause but may have to defend that cause

Apr 23, 2018 07:38 PM
Ambassador
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Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

From what I have witnessed, brokers will release a listing with the seller agreeing to pay the full commission if they sell during the original listing period.

Apr 23, 2018 05:59 PM
Ambassador
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Paul S. Henderson, REALTOR®, CRS
Fathom Realty Washington LLC - Tacoma, WA
South Puget Sound Washington Agent/Broker!

Interesting !!!

Apr 23, 2018 05:26 PM
Rainmaker
3,986,000
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

It is a legal contract.  What I do is not cancel, but i put it as not available to show.  That way if the seller sells to anyone they still owe the commission

Apr 23, 2018 04:32 PM
Rainmaker
5,400,683
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

In CO, the broker must release them.  I always put a clause into additional provisions, if they need to cancel (prior to going UC).

Apr 26, 2018 08:54 AM
Rainmaker
1,568,480
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

I think, it should be an easy out. When people feel they are trapped, they get too nervous. Allow them the exit strategy, who needs that stress and war?

Apr 24, 2018 01:10 PM
Rainmaker
854,942
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

They can't cancel just because they "don't like the agent", but if incompetence is involved, it's a different story. They need to deal with the company broker and present facts. Usually brokers don't like to get into disputes even if the reason is trivial, so prefer to let the unhappy client go.

Apr 24, 2018 09:28 AM
Rainmaker
1,439,491
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

As far as I understand it in CA, a contract is a contract and the broker does not have to let the seller out.  If the seller finds a way out and sells with another broker during the original contract period, they could be liable for commission to both the new AND original brokers!

Apr 24, 2018 09:03 AM
Ambassador
3,175,300
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

This is an area where sellers need to get a lot smarter.  Sellers must require a parachute clause in their listing agreement that allows them to FIRE the agent at any time prior to accepting an offer.  

That is an ACCOUNTABILITY clause that is not in the CA listing agreement.

I add a cancellation clause in additional terms in my listing agreements. I have yet to have a seller use it.   

On the other hand, I have used it with a few sellers.  

 

Apr 24, 2018 07:44 AM
Ambassador
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Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Why would you want to continue with a seller who wants to cancel?

Apr 24, 2018 07:41 AM
Rainmaker
3,071,034
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

It depends on what the contract says which may differ from a prudent course of action...

Apr 24, 2018 06:28 AM
Rainmaker
1,191,144
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

If the broker wants to stay in business. He needs to honor customer's request.

Apr 24, 2018 05:39 AM
Rainmaker
4,799,732
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

They may not be able to cancel if the broker holds them to the listing agreement.  Though I've rarely seen this enforced.  There can be fees for an early termination.

Apr 24, 2018 05:32 AM
Rainmaker
536,893
Rose Mary Justice
Synergy Realty Pros - Dandridge, TN
Synergy Realty Pros

If they are not happy, they will make your life miserable.  I would walk away.

 

Apr 24, 2018 05:14 AM
Rainmaker
920,078
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

All listing agreements contain a significant paragraph regarding cancellation.

The more proprietary the contract (broker specific) the greater the potential for transgression against the homeowner.

MY Agreement with the homeowner is they can cancel at any time for any reason prior to accepting a purchase offers. They will need to reimburse any direct expenses related to their house. (i.e. I may have had something fixed)

Apr 24, 2018 05:10 AM
Rainmaker
3,394,222
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

A contract is can not be canceled by just 1 side. Most often we will withdraw the home for sale, but the contract remains in affect.

Apr 24, 2018 05:06 AM
Rainmaker
715,452
Peter Testa
Nationwide Homes - Danbury, CT
PETER TESTA

If there's a good reason they want it cancelled; like horrid mls pictures, no marketing, no updates then the right thing to do is cancel their listing. If the seller is just a big baby then they can be withdrawn & sit off the market for the term of the listing. 

Apr 24, 2018 04:57 AM
Rainmaker
4,433,809
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

If it is mutual then sign a release. Depends on the contract. 

Apr 24, 2018 04:43 AM
Rainmaker
3,623,382
James Dray
Fathom Realty - Bentonville, AR
Exceptional Agents, Outstanding Results

Yes they can as long as it is in writing, sent via Postal Service.  The broker has no choice, the listing must be pulled

Apr 24, 2018 03:35 AM
Rainmaker
162,633
Melissa Polce
ERA, Wilkinson Real Estate Charlotte - Huntersville, NC
Lake to Land, I've Got It Covered!

 In NC, they can request that- some firms charge a marketing fee, some BIC's get involved and see if it is something they can save for the firm...sometimes sellers just "change their minds"...look- if it is for what you believe to be honest/genuine reasonings...is it better to keep the relationship and just end the listing? Maybe...But- some sellers are just looking to get out of the deal- if the broker refuses to end the listing here- I have heard sellers do some crazy stuff- like decline all showings through our showing service or say a home is worth $500K...they tell the broker/firm they want to change the price to 1M...under that condition; they must adheer to that- so again, it will never be shown since it is so grossly overpriced- Good Luck

May 02, 2018 07:43 AM