What legal "out" do I have if my real estate agent isn't responsive?

Question

I signed a contract with the agent and have had only 1 showing (3 hours after signing) in almost 3 weeks. He hasn't called to say if anyone has called on the house, set up any showings, or anything. I called the number he has listed on the sign in my yard and left voicemail asking him to call back with some sort of update. That was nearly 12 hours ago, and he hasn't called. Makes me wonder if any passer by called the number and hasn't gotten a return call. At any rate, what options do I have? Am I stuck with the agent for 90 days (and 90 days after he still gets his commission if we sell it) no matter what he does (or doesn't do)?

Thank you all for your answers. They have been very helpful. Just some FYI's, We have listed the house significantly below appraised value in an attempt to speed up the sale. Also, we are in a location where there is a fair amount of demand so the downturn in the housing industry should not be a factor. This is something the agent reinforced when we met with him initially.

Finally, he did call back (about 22 hours after I left my last message) and now has stepped up the effort. I won't go into details, but he has dedicated more resources and agreed to routine feedback sessions.

Thanks to all and you have all made it very difficult to pick a best answer!

Answer 1

First I would call the owner of the Real Estate Brokerage--or manager and complain strongly. Ask to switch agents--give someone else in that office your listing. If after a week you are not satisfied call your lawyer and he will help you out. The Realtor will not want the bad press or the chance of losing a law suit (grounds of valuable time wasted?). Most agencies will release you but get it totally in writing. Usually if you go with a different realtor they do not obligate you any longer to them Most contracts only hold you to a 30 day obligation unless you go with another agency and the buyer was not brought to you by them. Talk to your lawyer for more advice.
Good luck to you!

Answer 2

Read your agreement, I am guessing you had an alternative interval and that has expired. When this occurs the earnest cash turns into tough. However, you have to seem and spot if the agreement is elegant on purchaser receiving financing or no longer. The standarized types utilized in Texas have a field that's checked one whether it is conditional and one if it isn't. If it was once no longer, then sure, you'll be sued and ordinarily have little or no protection for breach of agreement. And as beforehand acknowledged the agent DOES NOT get the money. It is being held via an escrow agent and needs you to signal the discharge, so the money will also be transferred to the vendor. Are you operating with the vendor's agent, or do you've gotten your possess agent? I can not suppose your agent might no longer have this elegant on purchaser financing. But if you're making use of the vendor's, I doubt it might be contingent upon financing.

Answer 3

I agree that an unresponsive agent is terrible, but the showings aren't necessarily his fault. Is your house priced too high? When he listed it did he tell you it was overpriced but you insisted on setting that price? If that's the case you're right, you won't get any showings. He can't make buyers materialize who are willing to pay too much. Perhaps he's embarrassed to call you and tell you there has been no interest in your house whatsoever. Is he new to the industry?

But he ought to at least contact you weekly and let you know if there have (or haven't) been any showings, and if not, why not? What's the average Days on Market in your neighborhood? Is this kind of activity typical for your market? If it's not and you really feel like he's shirking his duty then tell him.

I would call him again, tell him that you want weekly updates whether by phone or email, and if he doesn't respond then call the broker and ask for a different agent. If you want to cancel and list with another brokerage most brokers will let you cancel rather than have the bad publicity, but it is a legally binding contract which you could be held to.

Sorry you're having a bad experience - we're not all like this!

Answer 4

First it is important to consider the advice being offered regarding the market conditions and the pricing of your home. But regardless of those issues your agent should contact you at least weekly to update you on the progress or to suggest price improvements etc.. in order to sell your home. If you feel you do need to get out of the listing you will need to reffer to the terms of your listing agreement to find out exactly what you can do to terminate the listing. Also if you feel he is in fact unrepsonsive after you make a few attemps you can call his Broker and explain the situation. Your listing is acutally with the Broker and not the indivdual unless he is the broker/owner of the company. If he is not then the Company that he works for could assign another Agent to your listing if you are that unhappy with his service. Best of luck!

Answer 5

The broker owns your contract not the real estate agent. I would call the broker and voice your questions. They might offer you another agent that returns calls or let you out of the agreement. The broker will be on your side and light a fire under the agent or give you options. A real estate broker wont hurt his business over one lazy agent.

Otherwise im sure you are stuck to the 90 days.

Answer 6

The first answer is very good. The agent works for the broker, and if the agent is unresponsive, you will complain to the broker.

Remember, we are currently in a housing recession. There is a surplus of unsold new homes, and banks are tightening lending standards - so a decrease in elligible buyers.

One thing you may want to consider is selling it via non-standard means - i.e. selling it other than using a realtor and selling retail.

Answer 7

Actually you are not stuck with the agent. The agent isn't the one with the license and the one the contract binds you to. You are tied to the broker only. Call the broker up at the office and ask to be reassigned to a better agent. They will be happy to oblige,as it doesn't matter to them which agent makes the sale.

Answer 8

It sounds to me like you're being difficult and impatient. Have you ever asked yourself why nobody wants to see your house? Most agents where I live will only do a 6 month contract at the least. Maybe you should try to give him a call again. Maybe he just didn't get your message or maybe he's sick or out of town. Usually the only way to go around the contract you have with him is to go talk to his broker and he or she may assign you another Realtor.

Answer 9

if the agent isn't keeping with their end of the bargain they are in breech of the contract and not you ...kindly leave a message detailing that failure to contact you in 24 will render the contract in the hands of your lawyer for their breech of contract :)