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Can we fire a realtor?

Started by Arfie10
almost 15 years ago
Posts: 10
Member since: Mar 2010
Discussion about
We have had a condo on the market since September and we think there is something fishy with our realtor. She keeps telling us there are offers on the property--but when we agree to a price--the interested party suddenly disappears. We signed a year-s contract. Any advice? Do we have to stick with this agent or can we fire her?
Response by JuiceMan
almost 15 years ago
Posts: 3578
Member since: Aug 2007

Does sound fishy, what does the contract say?

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Response by West81st
almost 15 years ago
Posts: 5564
Member since: Jan 2008

Instruct her to accept only written offers in the future. Demand that she presents all offers to you in the exact form received.

A one-year exclusive is not the industry norm. Did she claim that it was a standard listing agreement? If she did, I would recommend filing a complaint with the Department of State. You could also complain to REBNY if her firm is a member, but I doubt that will get you very far.

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Response by Arfie10
almost 15 years ago
Posts: 10
Member since: Mar 2010

Thanks for the input, West 81st. Good idea re: the written offers. As for the one-year exclusive, she claimed it's the norm in this economy. She belongs to a big firm so I am certain it is a member of REBNY.

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Response by 875gator
almost 15 years ago
Posts: 193
Member since: Sep 2010

@West81 - What is the Department of State? Assuming not the State Department.

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Response by ph41
almost 15 years ago
Posts: 3390
Member since: Feb 2008

the Department of State is the one that issues the real estate licenses for New York

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Response by alanhart
almost 15 years ago
Posts: 12397
Member since: Feb 2007
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Response by nycbrokerdax
almost 15 years ago
Posts: 180
Member since: Dec 2008

Arfie10, from your description it sounds like you have accepted offers multiple times and the buyers have disappeared. This does seem a little strange. When the offers were made, were they just simply a price, or did they include conditions, for example, percent put down versus financing, preferred closing date etc....? Did they include info about the buyer, and their job, income etc, to be sure that they qualified for a loan? Most buyers do not simply offer a number, they usually indicate terms and provide more info. If this was not provided then it seems fishy.
You could always ask the agent to send you all of the info she has collected on the bidders and see what is actually there. I am not sure what area or price point your condo is at, but what you are describing seems unusual. As does the 1 year exclusive. All of mine are six months regardless of price.
Breaking an exclusive agreement can be easy or difficult depending on who you are dealing with.

Hope this helps.

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Response by bugelrex
almost 15 years ago
Posts: 499
Member since: Apr 2007

If it is fishy, why would the Realtor do this?
I can only think that she intends to wear down the seller over the year and then have a friend/relative/herself swoop in for a crazy low price??

Does the seller happen to live outside NYC? (easy target?)

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Response by emh
almost 15 years ago
Posts: 1
Member since: Apr 2008

Dear Arfie10,

This situation does not sound good for you (or ethical). One cannot predict how long a property will stay on the market, but this lack of transparency with information is unprofessional. Regarding exclusive agreements, you would have to check the terms of your specific agreement. Most good brokers with honest reputations, will accept backing out gracefully if the relationship is not working. However, some major firms will not accept this good faith practic, and force the seller to keep the terms of the agreement. In this case, when the agreement expires, do not sign any extension. Please feel free to ask more direct questions. Should you choose to contact me, please find my contact information below:

http://www.stribling.com/agent_info.asp?id=EMH

Best regards,
Emily

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Response by MrSuttonPlace
almost 15 years ago
Posts: 155
Member since: Aug 2009

You are allowed to exit your contract - are there conditions/penalties in your contract for terminiating it?

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Response by maly
almost 15 years ago
Posts: 1377
Member since: Jan 2009

You won't find out unless you try. E-mail your agent that you wish to terminate the contract early because you are disappointed at the lack of communication and progress. Those "offers" don't sound real; if they were, she'd have forwarded the details. She's deluding herself the listing is still active with these nibbles, instead of getting you a deal.

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Response by Vintage65
almost 15 years ago
Posts: 73
Member since: Feb 2010

Take the agreement to your lawyer and see what he/she says. Never take legal advice on internet boards. You may or may not have consequences for terminating a valid contract. If the broker has violated any laws or contract terms, your attorney should be able to tell you so.

Good Luck.

V65

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