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Breaking an "Exclusive Right to Sell Agreement"

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KarenLiz

Junior Member
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!
 


Zigner

Senior Member, Non-Attorney
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...
 

HomeGuru

Senior Member
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.
 

HomeGuru

Senior Member
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.
 

Zigner

Senior Member, Non-Attorney
**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.
 

Zigner

Senior Member, Non-Attorney
Yes - good luck.

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

justalayman

Senior Member
Yes - good luck.

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



Oh, oh, oh, you weren't inferring HG is the devil.:eek: Sorry HG. I don;t think of you that way either.:D
 

jetjaguar

Junior Member
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
 

jetjaguar

Junior Member
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
 

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