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  #1  
Old 12-14-2006, 07:11 AM
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Join Date: Nov 2006
Location: Florida
Posts: 5
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Angry

How do I break my listing agreement?


What is the name of your state? FL

I foolishly signed a listing agreement to sell my home, for 12 months. I have been very dissatisfied with my agent for lack of aggressive effort on his part to help me sell or rent my home. I requested to break my contract and he told me that he would gladly do it, however, the broker's policy is that contracts can't be broken....(yeah right!) ....Anyways he told me that if I needed to have my contract broken, I need to contact the broker. I have left messages with the broker, but he won't call me back.
As of next week, it will be 90 days since I have had my home listed with them, without any leads, other than a buyer that wanted to buy it for less than my loan amount and of course, the agent wanted to hold on to that deal so that he wouldn't have to do the work to find someone else, however the deal fell apart because I was unable to produce additional funds to make up the difference.
What legal rights do I have to have the leasing agreement broken? I need out of this so that I can find someone else more aggressive to help me sell my home.
  #2  
Old 12-14-2006, 08:15 AM
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Join Date: Oct 2006
Posts: 1,125
Things have slowed down and from what I read that includes certain areas of Fla. now. Based on that alone you may not have a case based on the slow service, so to speak.

You may have to lower the price and find a way to show up at closing with some money in hand. Your scenario is not that unusual in todays markets and your expectation someone else CAN instantly sell it might not be realistic.

Now that 12 month contract is something else and you need to go park yourself at the agency and stay there until the Broker shows up and have a long discussion. However, you did sign a contract and then it becomes your responsibility to PROVE the agent is incompetent instead of you being causght up in a market that is not moving right now without drastic cuts in asking prices.
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