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Can I Fire My Real Estate Agent ?

By
Real Estate Agent with EXP Realty 414-525-0563 57026-90 Broker

  We can only answer this question from the FAQ's that come our way from the view of a Wisconsin licensed agent.   With our niche in Divorce...people fire Questionlawyers and agents with some regularity.  Most listing contracts are written for a minimum of 6 months.  Unusual or more expensive properties often have longer times.

     The answer is.......Probably.  Now that answer may not be the one you WANT to hear....it may be the one you have to hear. If for whatever reason a Seller is not pleased with the performance...or more likely, the lack thereof, of an agent...and they wish to part company....they may ask to have the contract terminated.  

         In Wisconsin, this is done with a form called an "AmenListing Contractdment to an Listing Contract."   The contract is amended to have an earlier expiration date that it had originally. The part of this that can become "sticky" is that some agents may choose to WITHDRAW the contract which sounds like it is a different word for exactly the same result/action...it is not.  When a contact is expired...it has a specific date of expiration and on that date, the relationship between Seller and the agent has ended.  There may be some compensation to the agent for their professional photography, time, signage and other marketing expense....and there may not be...that is up to the parties involved.

     When an agent gives the Seller that same Amendment but instead of saying that the contract is "expired" it says it is "withdrawn", the property is taken off the market...BUT .....it is taken off the market and cannot be listed by another Limboagent until the expiration date of the original contract.  The contract is held in mid air...a limbo sort of state unti that original date passes at which time the Seller(s) are free to list the property with another agent.  Sellers are not always aware of the difference in the terminology.

   They are agents who use this withdrawn contract state for a period of time until a Seller makes improvements or repairs.  This, in theory, prohibits the Seller from being bombarded with offers from agents to list the property because it is actually still listed and to the approach the Seller would be "jumping the sign" and not permitted.

      We have had agents who did not want to give up the listing even though clearly the relationship, like many divorces, had reached the stage of "irreconsilable differences."   The Seller(s) may then go to the Agent's broker and state their case which may result in having the listing expired so that the Sellers can go on with their lives and list the property with another agent.

   CAN  AN AGENT BE FIRED ?  Probably...check with the department in your state to be clear on what the rules/procedures are for taking that action.

       This is public service announcement brought to you by Sally K.  & David L. Hanson, Broker Associates with Keller Williams proudly serving southeastern Wisconsin.

 

Posted by

Sally K. & David L. Hanson, ABR, CDPE, CSS, e-Pro,ILHM, REDS


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Jay Markanich
Jay Markanich Real Estate Inspections, LLC - Bristow, VA
Home Inspector - servicing all Northern Virginia

Sounds like it depends on the contract.  But usually in most transactions the client (consumer) is the boss in more ways than one.

Jun 20, 2017 03:11 AM
Sally K. & David L. Hanson

Yes and no Jay Markanich if an agent wants to make it difficult they sure can by withdrawing rather than expiring the contract

Jun 20, 2017 03:14 AM
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

This is good information for consumers. They should seek legal help if they are not sure what they can do.

Jun 20, 2017 03:28 AM
Lawrence "Larry" & Sheila Agranoff. Cell: 631-805-4400
The Top Team @ Charles Rutenberg Realty 255 Executive Dr, Plainview NY 11803 - Plainview, NY
Long Island Condo and Home Specialists

Good explanation Sally and David. Sometimes, it's best for all concerned to part ways...

Jun 20, 2017 04:17 AM
Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

Sally K. & David L. Hanson Thank you for explaining this nuance to the Wisconsin Listing process. I am sure many do not understand this.

Jun 20, 2017 04:17 AM
Sheila Anderson
Referral Group Incorporated - East Brunswick, NJ
The Real Estate Whisperer Who Listens 732-715-1133

Good morning again Sally. Every state is different. In NJ where I practiced you could be released conditionally or unconditionally. The first held the seller hostage until the original listing expired. The second allowed the seller the ability to list the next day.

Jun 20, 2017 04:51 AM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Good morning Sally K. & David L. Hanson ,

Great questions and information for consumers. When in doubt always contact a real estate attorney to be sure.

Jun 20, 2017 04:57 AM
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

Good morning, Sally and David... even though buyer agency and listing agreements are contracts, I give all my clients my "easy exist agreements" up front to say that if I'm not performing as promised, I can be fired. Fortunately, I've never been fired. But I also remind my clients that in return, I can fire them if they are not living up to their end of the deal. And I have fired a few clients in my lifetime. At the end of the day, contract or not, if for some reason a client really doesn't want to work with you, why would you hold them hostage to the agreement?

Jun 20, 2017 05:25 AM
Sally K. & David L. Hanson

The point of this post Nina Hollander is that some Sellers believe that they HAVE fired the agent and they are suspended in "mid listing" by having it withdrawn not expired and no one has bothered to explain the difference.

Jun 20, 2017 05:30 AM
Ginny Gorman
RI Real Estate Services ~ 401-529-7849~ RI Waterfront Real Estate - North Kingstown, RI
Homes for Sale in Southern RI and beyond

Great explanation Sally...how some sellers are deceived is just amazing!

Jun 20, 2017 05:37 AM
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Good morning Sally and David. Most of the time when irreconsilable differences arise the best course of action is to let the listing expire, not to just withdraw! Enjoy your day!

Jun 20, 2017 06:15 AM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Good morning, Sally and David -- as usual you show you not only have vast knowledge of your market but you understand the minute details of the necessary contracts and paperwork in Wisconsin.  

Jun 20, 2017 07:02 AM
Roy Kelley
Retired - Gaithersburg, MD

This is an important topic. I prefer an easy release agreement in advance. 

Jun 20, 2017 07:22 AM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Good morning Sally and David.  Yes, there are some fine lines that must be understood when trying to terminate an agreement with an agent.

Jun 20, 2017 07:51 AM
Grant Schneider
Performance Development Strategies - Armonk, NY
Your Coach Helping You Create Successful Outcomes

Good Morning Sally and David - this is information that is very helpful nice it is not generally understood by sellers. 

Jun 20, 2017 08:39 AM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Good explanation, Sally and David. Things work a little differently here in CA, but no surprise there. If someone really wants out of the contract, it's better just to part ways and move on. But you have to do so by following the regulations for your state!

Jeff

Jun 20, 2017 08:44 AM
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Sally and David,

We have definitely given the listing back to unreasonable people without any conditions, whatsoever.  In our opinion, we believe that when folks are not a match, they should just part and not make a federal case ourt of it.  A

Jun 20, 2017 10:54 AM
Sally K. & David L. Hanson

Agreed....all parties should understand the verbiage...and most do not.

Jun 20, 2017 12:29 PM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Sally and David I had not heard the difference between "expired" and "withdrawn" before.  Thank you for the explanation.

Jun 20, 2017 02:44 PM
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

We talked about this last night in real estate prelicense class. In TN the client can fire the agent but there could be costs involved.

Jun 20, 2017 06:17 PM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Sally, I am so aggressive when it comes to pre-qualifying the sellers, that by the time I take the listing I know we will get through thick and thin and sell the property.... I can only recall "firing" one seller and he came back a year later because he had about 15 land listings to sell and asked me to give him another chance....Endre

Jun 20, 2017 10:23 PM
Lou Ludwig
Ludwig & Associates - Boca Raton, FL
Designations Earned CRB, CRS, CIPS, GRI, SRES, TRC

Sally and David

The sellers can request that the listing be concealed . . . . the brokers will have to agree.

Good luck and success.

Lou Ludwig

Jun 22, 2017 08:09 PM
Janice Zaltman
United Realty Group - Boca Raton, FL
Energy Efficient And Eco-Friendly Homes in Florida

Hi Sally K. & David L. Hanson It is the same in our market. If it is withdrawn, they cannot list with another agent until it expires. If it is cancelled, it can be re-listed. Sometimes, it is better to end the relationship then to hold on...like a divorce. 

Jun 23, 2017 02:29 PM