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Insanity: Doing the Same Thing Over and Over Expecting Different Results - Part 1

By
Real Estate Agent with BrokerInTrust Real Estate Cal BRE #01345507

Albert Einstein was ahead of his time, he said that insanity is doing the same thing over and over and expecting different results.  Albert died in 1955 and in my book, this quote is brilliant and describes perfectly the glut of listings sitting on the market right now in 2007!  A true visionary that Einstein. 

Einstein1Yeah, yeah, I've heard the news, "the real estate sky is falling", and they're selling lots of advertising yapping about it on the TV, radio and in newspapers.  

But I'm here in the trenches selling real estate every single day and I think Einstein is the brilliant one and the blue suits selling advertising are spinning the reality to fit their needs.  I don't buy their hype for one little second.  Sure the housing market has changed, and yes prices have dropped, but here is the information that they're not telling you on the nightly news.  My news isn't so dramatic, and in fact a little dry, but it is what's happening in my little corner of California. 

It takes work and knowledge to sell a home these days!  Hmm, now that doesn't sound very dramatic does it?  It actually sounds kind of boring, but this is the real news, and this is the kind of news that will get a home sold.

And if you'd like to know how I know this, read on.  I've changed the details to protect my fellow agents, but the gist of this story is very true.

The big news is that sellers are frustrated, fed up and looking for alternatives.  Sellers are cancelling their listing agreements and hiring Agents that actually will work to sell their home. 

Cancellation of a listing agreement is a sticky situation but one that has come up often lately. 

As a Realtor, I am not allowed to solicit a homeowner that has their home listed with another broker.  Twice this month, I have been contacted directly by a seller who has their home listed with another broker and both times, the seller wanted me to list their home.  I am allowed to talk to a seller if they contact me, in fact, I can even give them information on my marketing plan and how to cancel their current listing agreement if they ask me.

Both of the sellers that contacted me wanted out of their current listings agreements because they wanted to list with me.  Their reasons are another blog entirely so I won't go in to that here.  It is important to remember that most agents don't want to be in a listing agreement with a seller that wants out.  Every agent that I've talked to about this scenario has agreed that they would let the seller out of the listing if the seller asked.  Many agents even tell you this when they sign the listing agreement in the beginning.  In any event, it's fairly easy to cancel a listing by just asking your agent. 

Here in CA we have standardized forms called WINForms for real estate.  There is a CA form called a "Cancellation of Listing" fondly referred to as the COL.    Below is a sample of this form.  As in anything real estate, EVERYTHING is negotiable.  If you are considering cancelling your listing agreement, it is important that you read this form thoroughly and make sure that you understand exactly what you are agreeing to.  This is a one page form, but very powerful.  By simply checking the wrong box on this form you could be agreeing to compensate your original listing agent in addition to your new listing agent.  Checking box 4 is the only box that states that there is no compensation to your original Broker.  If any other box is checked or any other information is completed, it's important that you seek legal advice before you sign this form.

Check back for part two of this story.  I'll explain why these sellers are switching agents and how we're marketing these homes that have already been on the market for sometime. 

My sellers have 30% less stressful days on the market than other home sellers in the area (that's 9 days less for each month on the market)!  Call me to find out how.  If you would like more information on the Cancellation of Listing form or how to sell your home in  this challenging market, please contact me at (818) 652-2937 or tracey@traceyrealtor.com.

Cancellation of Listing

Ricardo Bueno
Diverse Solutions - Los Angeles, CA

It seems more and more these days homeowners/clients are looking for someone who can talk the talk AND walk the walk!

Looking forward to the rest of the series...

 ™    

Nov 27, 2007 03:23 PM
Tracey Thomas
BrokerInTrust Real Estate - Calabasas, CA
CA Real Estate Broker

Dez - Glad to be back in the rain and I really appreciate your check in earlier today.  COL's are a nice little tool but they can be dangerous if not used properly.

Sandi - They're dropping like flies out there and we seem to be catching them.

Ricardo - It is all about connecting the dots now, just listing a house on MLS and putting a sign in the yard is not enough.

 

Nov 27, 2007 03:34 PM
Susan Peters
Dove Realty Inc. - Seattle, WA
The Better it Looks the Better it Sells
I wish that we had this in Washington as well. It would clarify and simplify the process. That is, if people are willing to take the time to read a contract before they sign it. I'm looking forward to part II
Nov 27, 2007 03:40 PM
Tracey Thomas
BrokerInTrust Real Estate - Calabasas, CA
CA Real Estate Broker

Susan - I really want people to understand that they can cancel a contract if they're not getting good service.  I'm glad CA has this form, it comes in handy.

Nov 27, 2007 03:48 PM
Missy Caulk
Missy Caulk TEAM - Ann Arbor, MI
Savvy Realtor - Ann Arbor Real Estate

We have it too. But, if they ask me and it rarely happens I let them out ASAP, poof, all my photos and everything. GONE.

99% of the time when someone calls me the house is over-priced, and I have been able to get a lower (much lower) asking price. I don't understand why the sellers don't listen to the first agent and just lower the price.

But, by then confidense is lost and they want to move on.

Nov 27, 2007 09:13 PM
Jason Sardi
Auto & Home & Life Insurance throughout North Carolina - Charlotte, NC
Your Agent for Life
Gosh, I've missed your perspective and posts Tracey.  Sounds like you have a bit of Einstein genius in you as well:-)
Nov 27, 2007 09:27 PM
Anonymous
Jason Lopez

To elaborate even more, you can actually list the home subject to the cancellation of the current agreement.  Not a good idea to start marketing until the original contract is cancelled, but you can get the paperwork signed.  I have had similar situations over the years...and you are right it can be a sticky situation if not handled properly.  As long as they initiated contact and you in no way solicited them to do so, then it's all good. 

The other issue is of course the policy of your broker, who in CA at least, owns the listing.  In my case I do allow agents to cancel agreements with sellers on a case by case basis, but only after they talk to me first.  I want to be in the loop and if it is a service issue I want to know what the seller is thinking and why they may not be happy with their agent.  They also may be considering listing with another broker for a lesser price or commission, in which case there is no way I will release them!  So to just tell sellers they can cancel anytime may or may not be ok with your broker. 

The exclusive authorization and right to sell listing agreement in CA requires both parties to agree to the cancellation (or any change for that matter) and if the agent procures an offer on the exact terms of the listing agreement then the seller is obligated to pay the commission agreed upon, regardless if they accept the offer or not.  Of course no one wants an unhappy client, but this is a business and if someone wants out of a contract because they are unhappy with your service or their plans changed, fine.  But if they are looking to make an end run and list with a "friend" that will do it for less commission and at a lower price, well then we have a problem.

Informative post Tracey and I will be interested to hear the rest of the story.  

 

Nov 28, 2007 12:07 AM
#11
Tracey Thomas
BrokerInTrust Real Estate - Calabasas, CA
CA Real Estate Broker

Missy - You are so right, it's all about trust and confidence.

Jason - Ha ha Dahling, I'm back after a whirlwind Thanksgiving in Pittsburgh. 

Nov 28, 2007 02:35 AM
Jason Lopez
SmartRealty Solutions - San Diego, CA

To elaborate a bit more, you can actually list the property subject to the cancellation of the original contract.  Probably not a good idea to start marketing, but you can get the paperwork out of the way.  As long as they initiated contact and it was unsolicited, you are good.  But there is a flipside to this.

In CA the broker owns the listing.  So depending upon your brokers policy, you may not be able to just arbitrarily cancel a listing agreement.  The points above about not wanting to work with an unhappy seller is partly valid.  But if the seller is looking to get out to list with a "friend" at a lower price and for less commission, we may have a problem. I look at each situation on a case by case basis, but I certainly want to know if this is a service issue as well.  Maybe the agent dropped the ball and rather than face the music they just offer to cancel the listing.  Not cool in my book.  So just because a seller wants out, that does not mean they will get out. 

Also, the exclusive authorization and right to sell listing cannot be modified unless both parties agree and it is writing.  And again, that would require broker approval in CA.  The same holds true when I get a new lsiting agreement across my desk and notice the agent has agreed to a commission that is less than our standard, or strikes other terms we typically ask the seller to abide to.  I may decide not to take the listing on and will simply give it back or ask the agent to renegotiate the terms.  I'm not loking to cut anyone's legs out from under them, but we have standards and ultimately it is my license hanging in the balance.  

This is an intersting post Tracey and I look forward to hearing the rest of the story!

Nov 28, 2007 03:52 AM
Tracey Thomas
BrokerInTrust Real Estate - Calabasas, CA
CA Real Estate Broker

Jason - Thanks for your excellent comment with clarification.  I agree with everything that you've said here.  This blog is to educate consumers so they know that in fact they can get out of a listing if they're not happy with their agent. 

Knowledge is power and in this case the squeaky wheel gets the oil.  Stay tuned for the rest of this series, in part three I will discuss why the sellers wanted out of their listings in the first place and how not to repeat the mistakes of the prior agent.

Today's blog (part 2) is about proper pricing.

Again, I really appreciate the time you took to clarify this sticky situation.  It's important that consumers understand this issue from a Broker point of view also.

Nov 28, 2007 04:15 AM
Dan Forbes
Bradenton, FL
I let a client cancel if they want to most of the time.  I sometimes require a 30 day notice.  I consider it just good business practice.
Nov 28, 2007 04:38 AM
Tracey Thomas
BrokerInTrust Real Estate - Calabasas, CA
CA Real Estate Broker
Dan - I think most Agents would agree with you on this. 
Nov 28, 2007 04:42 AM
Pam Graham
All Real Estate Options - Jacksonville, FL
Jacksonville, Clay & St Johns Counties
I offer an easy exit guarantee, so if they are not satisfied with my services they can cancel. I have canceled contracts when the seller has decided not to sell right now and decided to wait until spring.
Nov 28, 2007 04:46 AM
Tracey Thomas
BrokerInTrust Real Estate - Calabasas, CA
CA Real Estate Broker
Pam - I agree!  This is a relationship business, not a transactional business.
Nov 28, 2007 04:48 AM
John Novak
Keller Williams Realty The Marketplace - Las Vegas, NV
Henderson, Las Vegas and Summerlin Real Estate
Our team uses a 'Notice of Non-Solicitation' form whenever a seller who is already listed contacts us about switching agents. That way we have written proof that the homeowner made the first contact, not us. Looking forward to part two.
Nov 28, 2007 04:49 AM
Tracey Thomas
BrokerInTrust Real Estate - Calabasas, CA
CA Real Estate Broker
John - I would love to see a copy of that form.  I've been sure to get a list of clients that the other agent has shown the home to, but the 'Notice of Non-Solicitation' sounds like a great CYB tool.
Nov 28, 2007 04:52 AM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Tracey- Great post. We have a much simpler form to sign for cancellations. We have one form and they must check the box, cancellation. We have sellers call us often before their listing expires and initiate the conversation about cancelling their listing. We also have a box on that form that says 'withdrawn'. Some agents try to get tricky and check the withdrawn box, this is the box that in our state would require the seller to pay two commissions. We just had a broker try that one! We had to tell the seller that is not the same as cancelled. 

John- I would love to see that form! Katerina 

Nov 28, 2007 04:48 PM
Chris and Maria Jeantet
Shasta Living Real Estate - Redding, CA
Top Realtors in Redding CA

Excellent post...it's all about business. keep us posted on this issue!

Nov 28, 2007 05:16 PM
Tracey Thomas
BrokerInTrust Real Estate - Calabasas, CA
CA Real Estate Broker

Katerina - It'a not just "buyer beware" it's seller beware too!

Chris - Part two is posted.

Nov 29, 2007 05:23 AM
Jessica Horton Jessica Horton Realty
Jessica Horton - Jessica Horton & Associates - Griffin, GA
Jessica Horton: I'm not #1... You Are!
Tracey:

THIS ROCKS!  I am SO Happy that you joined Cliffhangers!  Seller beware is right.
Nov 29, 2007 12:36 PM