I just received a copy of a letter from a large real estate company that is going out of business and is declaring bankruptcy. In the letter it states the following...

"As part or the liquidation of its assets, XXXXXXX is asking the bankruptcy court to authorize the assumption and assignment of your listing agreement with XXXXXXX to another broker. The identity of the proposed successor broker has not yet been determined. If the bankruptcy court grants this request, and if a successor broker makes a sufficient bid for XXXXXXX listing agreements, then the listing agreement for the sale of your home would be assigned to another real estate broker. With the exception of the identity of the listing broker, all of the terms of your listing agreement with XXXXXXX would remain the same. We hope to have this assignment process completed within fifteen days. You will receive further information from the bankruptcy court concerning this proposal." http://karenhalliburton.com/atom.aspx

This is scary to most sellers. Their most expensive asset is now locked into an agreement that they are unaware of WHO will be servicing the listing and there is no way out. They cannot sell their home or re-list with someone they know and trust. They must live up to their contract. WOW, that is really scary!!

Why would any seller EVER list with a company that does not have the sellers best interests at heart. This is happening every day, and it's really ashame for these sellers.

http://www.rentalpropertymanagement.co.uk/glossary-moving-m-p.htmIt is for that exact reason that I do not lock my clients into an agreement that they cannot get out of. If you want to find out how to list your house and NOT be locked into a long term listing agreement, contact me. You can feel comfortable that I will work hard at selling your home or you can fire me!

 

10 Comments on Are you stuck in a listing agreement and someone else will decide who your broker will be?

OCT
05
2007
255,094 Points 44 Featured Posts Outside Blog

Wow.  I cannot imagine how these sellers feel right now.  I wonder how many will be talking to their attorneys after receiving those letters.

What a darned shame.

7:46am • #1
2 Featured Posts
Kris, this is REALLY scary huh??? I can't imagine the position these sellers are in. What if they HAVE to move, and they can't do anything to make that happen. It really is tough.
7:49am • #2
275,330 Points 3 Featured Posts Localism Sponsor Outside Blog
I guarantee to my clients that if they're not satisfied with my services and performance, they can be released from our agency agreement.  This option has only been exercised a couple of times over many years, but when it did, I honored it.  My point is to reduce any perceived risk.
8:02am • #3
2 Featured Posts
I do the same thing Brian! It helps the sellers to feel more comfortable listing with me, and they know that I need to do my job or they can fire me. I put it in writing, and they know they are protected from being locked in to an agent/agency that is not going to do anything.
8:06am • #4
686,914 Points 72 Featured Posts Localism Sponsor Outside Blog
I imagine the listing agents at that firm are also feeling a little queasy right now!
8:18am • #5
2 Featured Posts
Yes Patricia, I think so too. I read somewhere that about 350 people are now out of a job, and they were instructed not to contact their clients.
8:21am • #6
156,054 Points 2 Featured Posts Outside Blog

I always allow my sellers to cancel their listing at any time without any fees. It only happened once when the seller's job transfer did not happen.  I'm sure that the attorneys will have a way of helping these people out.

That is another reason that I love Keller Williams. If for some reason I decide to leave, the listings will go with me providing they are not from a referral to our office.

8:28am • #7
2 Featured Posts
Hi Jeff, My listings are My listings at Re/Max also. I decide what can and cannot be done with them. I would never want one of my clients to have an experience like this at all! How horrible for these sellers. There are so many agencies that lock the clients into an agreement and then the agents are never seen or heard from again. It's sad.
8:34am • #8
3 Featured Posts

I think that many of these sellers need to look into their contracts and the state legislation for relief.  There is usually a clause that allows you to be released from the contract for various reasons.  Wow they must have had some iron-clad contracts.  I can't see why they won't let the listing agents take the listings with them.  Unless they were all broker listings and I still would divvy them up to the most capable agents. 

It's a darn jungle out there!

8:55am • #9
2 Featured Posts

Sharon, I don't think that the bankruptcy court would allow the assets to just be given away to the agents. If there is something there of value they are surely going to try and get as much as they can in order to satisfy the outstanding debt. This is just coming from my past experience as a CPA, I am not an attorney, nor do I know all the legalities surrounding this, but I hope there is some help for these sellers.

9:16am • #10

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Diane Testa

Mullica Hill, NJ

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Prudential Fox and Roach

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