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  1. #1
    KarenLiz is offline Junior Member
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    Breaking an "Exclusive Right to Sell Agreement"

    What is the name of your state (only U.S. law)? MA
    Hello,
    My husband and I have a 1 year "Exclusive Right to Sell Agreement" with an agent that we were referred to via an Real Estate companie's 800#. The agent is located appx 40 miles away and not familiar with our area at all. We signed on with her last May. Through out the last 8 months she has been extremely hard to get in touch with and downright unresponsive at times. She has offered no advice or help in how to sell our place except just keep lowering the price. We would now like to take the condo off the market for the next 2 months or so to make updates through out. When we relist we would like to work with someone else in our local area and someone who is a little more interested and helping us sell. The only things our agent has ever done for us is have us sign the paperwork and asked us to lower the price.
    Would we have a legal basis for breaking the contract?
    Thank you for any advice!
  2. #2
    Zigner is offline Senior Member
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    It depends entirely on the wording of the contract. Hold it up to the monitor so we can read it...








    Alternatively, you could get a brief consultation with a local real estate attorney...
  3. #3
    HomeGuru is offline Senior Member
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    Quote Originally Posted by KarenLiz View Post
    What is the name of your state (only U.S. law)? MA
    Hello,
    My husband and I have a 1 year "Exclusive Right to Sell Agreement" with an agent that we were referred to via an Real Estate companie's 800#. The agent is located appx 40 miles away and not familiar with our area at all. We signed on with her last May. Through out the last 8 months she has been extremely hard to get in touch with and downright unresponsive at times. She has offered no advice or help in how to sell our place except just keep lowering the price. We would now like to take the condo off the market for the next 2 months or so to make updates through out. When we relist we would like to work with someone else in our local area and someone who is a little more interested and helping us sell. The only things our agent has ever done for us is have us sign the paperwork and asked us to lower the price.
    Would we have a legal basis for breaking the contract?
    Thank you for any advice!
    **A: based on the info, yes you have cause.
  4. #4
    Zigner is offline Senior Member
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    Quote Originally Posted by HomeGuru View Post
    **A: based on the info, yes you have cause.
    And, without knowing EXACTLY what is called for in the contract, your statement can't be considered definitive.
  5. #5
    HomeGuru is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    And, without knowing EXACTLY what is called for in the contract, your statement can't be considered definitive.
    **A: I don't need to know that. The basis for my statement was that " unresponsive and hard to get ahold of and no advice....." would be in violation of the Realtor standards of practice and state licensing laws. Certainly the terms and condition of the Exclusive RS would not be contrary to Realtor standards and state laws.
  6. #6
    Zigner is offline Senior Member
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    Quote Originally Posted by HomeGuru View Post
    **A: I don't need to know that. The basis for my statement was that " unresponsive and hard to get ahold of and no advice....." would be in violation of the Realtor standards of practice and state licensing laws. Certainly the terms and condition of the Exclusive RS would not be contrary to Realtor standards and state laws.
    UNLESS the contract actually had very specific levels of service listed...

    Our OP needs to see a RE attorney with contract in hand.
  7. #7
    KarenLiz is offline Junior Member
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    Thank you!

    Appreciate the advice!
  8. #8
    HomeGuru is offline Senior Member
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    good luck.
  9. #9
    Zigner is offline Senior Member
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    Yes - good luck.

    As an aside - HG, I am sure you will be proven correct, but even the devil needs an advocate!
  10. #10
    justalayman is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    Yes - good luck.

    As an aside - HG, I am sure you will be proven correct, but even the devil needs an advocate!
    but you were opposing HG.



    Oh, oh, oh, you weren't inferring HG is the devil. Sorry HG. I don;t think of you that way either.
  11. #11
    jetjaguar is offline Junior Member
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    I'm in same boat...

    I have a property management agreement which contains this clause:

    (f) Disposition and Brokerage Fees. Manager shall be entitled to a brokerage
    commissions in the amount of not less than six percent (6%) of gross sales proceeds in connection with the disposition of the Property or any portion thereof
    .

    Does this mean if someone approaches me directly, and the realtor/mgmt company does nothing at all to bring us together and the buyer and seller agree to just use an escrow company, can the realtor/mgmt company rightfully claim 6%?

    thanks in advance

    Peter
  12. #12
    jetjaguar is offline Junior Member
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    Quote Originally Posted by jetjaguar View Post
    I have a property management agreement which contains this clause:

    (f) Disposition and Brokerage Fees. Manager shall be entitled to a brokerage
    commissions in the amount of not less than six percent (6%) of gross sales proceeds in connection with the disposition of the Property or any portion thereof
    .

    Does this mean if someone approaches me directly, and the realtor/mgmt company does nothing at all to bring us together and the buyer and seller agree to just use an escrow company, can the realtor/mgmt company rightfully claim 6%?

    thanks in advance

    Peter
    sorry, this is in Los Angeles County
  13. #13
    Zigner is offline Senior Member
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    Start your own thread - it's considered rude to "hijack" a thread.
  14. #14
    jetjaguar is offline Junior Member
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    Sorry about that, will do.
  15. #15
    HomeGuru is offline Senior Member
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    Quote Originally Posted by justalayman View Post
    but you were opposing HG.



    Oh, oh, oh, you weren't inferring HG is the devil. Sorry HG. I don;t think of you that way either.
    **A: hahaha. I've been to hell and back already.

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