08-15-2013, 12:38 PM
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#1
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First Line Centre
Join Date: Aug 2006
Location: Calgary, Alberta
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That sounds like reasonable and lawful ground for action.
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08-15-2013, 01:06 PM
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#2
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Unfrozen Caveman Lawyer
Join Date: Oct 2002
Location: Crowsnest Pass
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Article 18 of the Standard Listing Contract outlines "Ending The Agreement".
This includes where one party "has materially breached a part of this Agreement".
The Brokerage promises to "use best efforts to market the Property" (article 6).
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08-15-2013, 05:48 PM
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#3
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RealtorŪ
Join Date: Feb 2009
Location: Calgary
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It should be quite simple. If the realtor fights it a call to the brokerage to explain the situation will get the job done. Ive had it happen a couple of times throughout my career, 1 of which was me ending it with the client due to ridiculous demands and another which involved a client who thought I should be holding a open house sat and sun every day until it sold.....its been on the market for months with their "new" realtor.
There is a termination agreement with 3 options on it. Be sure to choose the 3rd one which brings no further obligations to that realtor or his/her brokerage.
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08-15-2013, 05:48 PM
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#4
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No point in the Realtor fighting it. May as well get another client
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08-15-2013, 06:06 PM
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#5
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Franchise Player
Join Date: Jul 2010
Location: Apartment 5A
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Take them to a nice restaurant so they can't make a scene when you tell it's over.
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The Following 2 Users Say Thank You to KelVarnsen For This Useful Post:
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08-16-2013, 12:38 AM
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#6
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Franchise Player
Join Date: Apr 2004
Location: I don't belong here
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We split ways with our realtor back in 2008. Our house just wasn't selling, and we weren't happy with the job he was doing. We had an offer on a house pending the sale of our house. We decided to end it all and not move. He got mad and said we were bound by contract to stay with him, and he brought us the contract and I kindly pointed out that we were a month past the expiry. He took the sign down, gave us the key from the lockbox back and said he hopes to work with us when we decide to sell again. We got a better realtor when we moved last year. The house sold in 4 weeks.
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08-16-2013, 09:33 AM
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#7
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In Your MCP
Join Date: Apr 2004
Location: Watching Hot Dog Hans
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I'm in the same boat. I've had a house listed DT since March, and I've since dropped the price to almost 20% below assessed value, and well below any market comparables. It's still sitting.
My listing expires Aug 31, and I'm switching. I found out the hard way the differences in good vs bad realtors, and what they should/should not be doing. I should write a book.
I had a guy (another realtor) tell me there is a form you can fill out that cancels the contract if you think you are being misrepresented. I would assume it's some type of mutual cancellation (I didn't look into it).
It sucks trying to find a GOOD realtor that works with you. All mine ever says when I ask what to do is "drop the price".
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08-16-2013, 11:20 AM
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#8
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RealtorŪ
Join Date: Feb 2009
Location: Calgary
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I have heard decent things of the CP realtor!
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08-16-2013, 12:51 PM
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#9
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Franchise Player
Join Date: Dec 2007
Location: Oklahoma - Where they call a puck a ball...
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I'm actually dealing with this now. I have to go to court next week because my realtor sued me. I told him I wasnt happy with him last April. He agreed to end my contract June 1st ( 2 months early) to give him a fighting chance to sell it. He didnt, tried to say his broker wouldn't let him end the contract early, and just in general was a jerk. I finally said you made an offer ( and it's in writing) , I accepted it ( in writing), that's legally a contract, and I dont want to get a lawyer. He reluctantly sent me termination papers. I sold the house 2 weeks later on my own. A month later I got served. He doesnt have a case since the person he claims I sold it to is someone he brought to the table. Well I didnt sell it to the person he is claiming and if I had sold it to them , the person told me they never talked to the realtor about buying my house.
Nonetheless, the crappy thing here is the house in a different state and now I have to travel 6 hours to go to court. I also get to miss work and pay for a hotel. I am not to happy about this.
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08-16-2013, 01:01 PM
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#10
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RealtorŪ
Join Date: Feb 2009
Location: Calgary
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^^ thats the reasoning for different options on the termination agreement. One of the options is no ongoing obligations. If a realtor feels they have brought a couple "maybe's" to the table they will select a different option not allowing you to sell for a set time frame.
At the end of the day I would never go after someone if this happened....move on and spend the time you would in court prospecting for new clients!
Good luck!
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08-16-2013, 02:29 PM
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#11
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In Your MCP
Join Date: Apr 2004
Location: Watching Hot Dog Hans
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Hahaha yeah, 26 ave property. I've spent a small fortune on renos, and still can't get it sold. The realtor isn't doing much except an open house here and there, which are useless in my opinion.
I want feedback, and lots of it. It gets shown 4-6 times a week, and RARELY sees a 2nd. I want to know why. I ask the realtor and get the same story.....bla bla bla busy road. I emailed one of the realtors myself that showed it, and got a completely DIFFERENT story from their clients.
As a sales agent you do sales. Sales involve follow up, feedback, and adjustment based on what prospective buyers say. Not just "make it cheaper and it will sell". She should be following up with the agents that showed it, and selling my home on its merits. That's what she's paid to do; not just sit around waiting for someone to make an offer.
I actually wonder how many realtors realize that?
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08-16-2013, 04:33 PM
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#12
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Lifetime Suspension
Join Date: Jan 2010
Location: Calgary
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What is the best way to dump a client?
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08-16-2013, 06:47 PM
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#13
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In Your MCP
Join Date: Apr 2004
Location: Watching Hot Dog Hans
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Quote:
Originally Posted by 1stLand
What is the best way to dump a client?
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Is that aimed at me?
I'm paying $40k in commission. Should I just sit back and accept that the sales process is for some reason different than the sales process in other industries? That for some reason real estate agents, because they operate in a "hot" market, work under different rules? Sales and business strategy, regardless of industry, is very similar and operates on the same set of principles. Am I high maintenance? Probably. I expect results, which is no different than my employees.
I oversee a sales network that spans 3 continents and grosses in the 8 figures. I've managed it for 2 decades. So I assure you I understand strategies (it's my job). So if your answer to any of my questions in the first paragraph is yes, it's a short term outlook on what a lot of agents advertise as " long term relationship building". Again, call me a cynic but I seriously wonder if that's a term they read in a generic sales manual, and publish on a website.
I get get called out if I say I can do something and don't deliver in my work, by MNC's. Why is that any different than a realtor I'm paying a large sum of money to to sell my house? I should be getting top notch representation for $40k, and if I don't get it I'm going to do something about it.
I also want to point out that there are good realtors out there. But because of this market, there are a lot that give serious real estate agents a bad name.
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08-16-2013, 06:56 PM
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#14
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Franchise Player
Join Date: Dec 2007
Location: Oklahoma - Where they call a puck a ball...
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Quote:
Originally Posted by Realtor 1
^^ thats the reasoning for different options on the termination agreement. One of the options is no ongoing obligations. If a realtor feels they have brought a couple "maybe's" to the table they will select a different option not allowing you to sell for a set time frame.
At the end of the day I would never go after someone if this happened....move on and spend the time you would in court prospecting for new clients!
Good luck!
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I gave him a 45 day protection period. He offered it and offered the early termination. I even asked the guy 2 times for a client list( people he showed the home to) after our contract was terminated and he ignored the request.
Personally I think the suit was a bluff and he thought I was going to get scared and pay him. I think it's gonna back fire for the poor guy bc my lawyer is filing a countersuit for a couple grand to cover my expenses, my time, and his fees.
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08-16-2013, 10:44 PM
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#15
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RealtorŪ
Join Date: Feb 2009
Location: Calgary
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Quote:
Originally Posted by Tron_fdc
Is that aimed at me?
I'm paying $40k in commission. Should I just sit back and accept that the sales process is for some reason different than the sales process in other industries? That for some reason real estate agents, because they operate in a "hot" market, work under different rules? Sales and business strategy, regardless of industry, is very similar and operates on the same set of principles. Am I high maintenance? Probably. I expect results, which is no different than my employees.
I oversee a sales network that spans 3 continents and grosses in the 8 figures. I've managed it for 2 decades. So I assure you I understand strategies (it's my job). So if your answer to any of my questions in the first paragraph is yes, it's a short term outlook on what a lot of agents advertise as " long term relationship building". Again, call me a cynic but I seriously wonder if that's a term they read in a generic sales manual, and publish on a website.
I get get called out if I say I can do something and don't deliver in my work, by MNC's. Why is that any different than a realtor I'm paying a large sum of money to to sell my house? I should be getting top notch representation for $40k, and if I don't get it I'm going to do something about it.
I also want to point out that there are good realtors out there. But because of this market, there are a lot that give serious real estate agents a bad name.
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I understand 100% with what you are saying however you need to realize that it is 100% in your own hands. Someone mentioned that your photos have snow in them. If I was a seller this would be 100% unacceptable and I would be all over the person I am offering top dollar to in order to sell my home. The first thing I do when the snow melts is re hire my photographer to re shoot exteriors.
One of my listings was just staged and I brought the photographer back to re shoot the property. I'm approaching $1,000 in photo's on this listing but I understand that I lose everything if I don't sell and am willing to do what it takes to get the job I was hired for done.
You are right, a market like this can bring some realtors out who simply cross their fingers and hope that an offer is going to come in. Without soliciting business and understanding the entire situation I can only wish you good luck!
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08-17-2013, 09:23 AM
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#16
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Lifetime Suspension
Join Date: Jan 2010
Location: Calgary
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Well Tron_fdc I sincerely wish you best of luck in selling your home.
That comment was not aimed at anyone. It was a 'tongue in cheek' remark.
It is my belief that good pricing, photos & MLS comments will bring buyers to the table.
Alot of times Realtor's get blamed for properties not selling. I think they are only partly responsible for this. Their responsibility lies in pricing the property too high, or taking on a listing where the Sellers expectations on pricing is unrealistic.
Many Realtors "Over Promise" and "Under Deliver" and that's where perhaps some people take it upon themselves to want to cancel listing agreements prematurely. Cant really blame them in that respect.
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08-17-2013, 12:49 PM
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#17
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First Line Centre
Join Date: Aug 2009
Location: Calgary
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tron_fdc maybe your price really is too high. Wouldn't it be to the realtors benefit to sell higher so they could get a higher commission?
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08-17-2013, 01:06 PM
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#18
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Franchise Player
Join Date: Nov 2006
Location: Salmon with Arms
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Quote:
Originally Posted by stampsx2
tron_fdc maybe your price really is too high. Wouldn't it be to the realtors benefit to sell higher so they could get a higher commission?
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No. Time is just as valuable as money. 2 houses turned over at 20% less than market is far more commission than 1 at full value
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08-17-2013, 05:06 PM
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#19
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In Your MCP
Join Date: Apr 2004
Location: Watching Hot Dog Hans
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Quote:
Originally Posted by stampsx2
tron_fdc maybe your price really is too high. Wouldn't it be to the realtors benefit to sell higher so they could get a higher commission?
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I'm on my phone so I'll post more later, but there's more to the story here as well. I have excellent comparables and Im Well below all of them, so I'm pretty confused as to why it's not gone. The last thing I wan to do is blame the realtor but I'm running out of possible excuses why.....
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08-17-2013, 09:48 PM
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#20
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Scoring Winger
Join Date: Dec 2011
Location: Calgary, AB
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I've been wondering this for a while and this seems as good a time to ask...
Will realtors ever not list a house for a client? Or walk away after the house has been listed? Someone I know has had a house for sale for close to two years now. They are at least $100,000 overpriced, maybe even $150,000, which is pretty crazy when it is listed for $500,000. I think they may have changed realtors a year ago, but I'm not entirely sure. I imagine there are a some realtors that will list anything for any price, but its got to be tough on their sales numbers.
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