Terminating an Exclusive Sellers Agreement

[GP_Matt]

I had an issue come up during the sale of my home with the agent I am using to sell my house and was wondering what my options are to get out of the agreement.

I had a conditional offer on the table when it came up so my reasoning was that if the conditions were removed I would stay with the agent but if the sale fell through then I would want to look for a new agent.

My agent is part of a three man family firm. Two brothers and a father-in-law share advertising/name/website and often throw all three names on the marketing. One of the brothers is my agent, but he sold his services as a team.

The other brother was just arrested for smuggling a large quantity of Oxycontin into the country allegedly for resale. I live in a smaller city so everyone in town knew immediately and I have had several people comment that it is a good thing I picked the right brother.

[troutman]

The language in your listing agreement probably does not allow you to terminate the agreement solely because a conditional offer fell through.

[GP_Matt]

I don't want to terminate because of that. (It didn't fall through, so I won't terminate either way.)

I wanted to terminate because I no longer believe the Realtor can perform adequately in light of 1/3 of his office being in jail. Potential buyers could see the sign in front of my house and associate it with the drug charges.
As well, the Realtor negotiates on your behalf. I would have a hard time trusting negotiations to someone who partnered with a "drug dealer" and would be afraid that the other party would think the same thing.

[GP_Matt]

Originally Posted by fotze

These guys?

http://www.keyz.ca/

I can neither confirm or deny the allegations.

[troutman]

http://www.reca.ca/consumers/informa...ment-Feb-4.pdf

you materially breach this agreement and we give you written notice to end it, or we materially breach this agreement and you give us written notice to end it

The question is whether there was a "material breach" by the brokerage.

Consumer Relationships Guide
http://www.reca.ca/consumers/informa...go-March-4.pdf

Full disclosure
The agent must tell you, in writing, about the services they will provide. They must also tell you
everything they know that might affect your relationship or influence your decision in a transaction, even if they don’t think it’s important. This includes any conflicts of interest, for example when they act (or are planning to act) on behalf of any other person in a transaction. The only information they can’t give you is confidential information from another

[GP_Matt]

It looks like there is no morality clause. If I remember, the next time I sell a house I will add a morality clause.

They have to maintain their standing as an agent, but that only applies to the individual and the brokerage, not to the partners.

[Travis Munroe]

You can have it terminated if you feel that you are not being properly represented. They may refuse in which you would need to speak to their broker and give your reasoning. If you have legit reasoning then the broker will get it done.
Upon terminating, there are different terminations - be sure to choose the one that gives you no ongoing relationship. One of the options prevents you from selling for a duration of time. This is there in the event the agent feels you are making a private deal behind closed doors with someone he brought to the table.

[cam_wmh]

Originally Posted by GP_Matt

I can neither confirm or deny the allegations.

That's ok. I can do it for you.

Officers at Edmonton International Airport last week intercepted sealed cross-stitch pattern packages that, in addition to the appropriate instructions and thread, contained more than 275 oxycodone pills.

Trenton William Zeyha of Grande Prairie, Alta., has been charged with possession for the purpose of trafficking.

http://www.huffingtonpost.ca/2014/08...n_5641514.html