Breaking Up is so Hard to Do
Well written piece about contracts between real estate professionals and sellers/buyers.
My policy from day one has been simple - if I'm not meeting your expectations, please let me know and give me a chance to fix it. If I can't - lets terminate the contract. I actually call it a "mutual right to terminate" - that is, I reserve the option to fire myself from the relationship, too.
My pledge assumes good faith on everyone's part - its not a license to rip me or my broker off.
But sometimes things change, and when you hire me you have my commitment to do my very best to help you reach your goals. Even if your goals change.
I read an article this morning reprinted from the Sun Sentinel in Fort Lauderdale, Florida. The title was, "How Should I Break Up With My Realtor". I must say it just popped off the page. The writer, who was not named, wrote the article as a Question sent in from a consumer and did the response as an Answer. I was encouraged by the very articulate answer which as far as I can tell, was spot on without in any way sounding like the writer was giving legal advise.
However, the question itself got me to wonder if this is a more common experience than we might know. Do very many consumers feel this way with their hired professional? Over the years, I have had a few calls asking me if I could get a Seller out of their contract. Most of us in the business for longer than a couple hours should know that answer. But imagine a consumer with no confidence in their chosen real estate professional.
I recall a number of years ago, I would write in the contract that if the Seller was dissatisfied they could cancel the agreement. The brokerage was not so keen on this and eventually I stopped writing it in the agreement. Never had anyone actually wanted to cancel but in my belief they still could. If the consumer does not have confidence or has other issues with their real estate professional, then I believe they should be allowed to change to anyone they feel more confident with.
I would not guess that most Designated Brokers would agree with this at least without trying to salvage the agreement but I think the best agents would never be afraid of such things. If I ever had a client that wanted to cancel their agreement, the first feeling I would have is that somehow, I didn't do my job. It doesn't matter what I think I did or didn't do, I left the client feel wanting. I haven't had that happen to me and I would certainly feel bad if it did but I would be quick to tell them " of course I can let them out of the agreement".
The Seller in the original question said simply that they were not happy and had an agreement for one year. and they wanted to know how to break the agreement. As most of you know, unless it is voluntary, it could be very difficult depending on the agent and Brokerage. It is my view that we should never be dealing in scarcity and allow the consumer the freedom to make this determination. At the very least, with suitable notice time to cancel the marketing. In the end, consumers should never have to feel trapped if they make a mistake and we also know that a number probably do.
How do feel about this? I am also not keen on writing Member Only posts because if you have something to say and feel justified in saying it, then say it. There is not necessarily one right opinion for everyone.
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