Wednesday 13 November 2013

I am not happy with my agent - how do I cancel my listing?

Occasionally, I have people ask me how they would cancel a contract if they weren't happy with their real estate agent.  Unfortunately, I'm not allowed to discuss agency relationships with someone currently under contract. 

But speaking generally*, you can't easily cancel a listing unless the brokerage is willing.  A listing agreement is a binding contract and, just like any contract, can only be cancelled as per the terms or by mutual consent.

Mutual consent means that your listing brokerage would have to agree to cancel the listing.  The agent may or may not be cooperative on this.  Personally, I would tend toward cancelling a listing if the clients were unhappy - why force someone to work with you against their will?  Fortunately, I've never had anyone want to cancel a listing for anything to do with me.

So if you're not happy and the agent is unable to fix the problem, I guess you would have to bring it up with them and see what they say.

If they do agree to cancel, just make sure that whatever you are signing is an actual listing cancellation and not a listing "suspension" - there is a big difference between the two.  In the case of a cancellation, the listing is over and you can re-list with someone else if you want to.  But with a listing suspension, the contract is still binding and it is only the marketing that is suspended.  You can't legally go list with another company, and an existing MLS® listing - even while suspended - would block a new one being entered.

Another important point to consider about the listing agreement: your contract is with the brokerage, NOT the individual broker or salesperson.  If you have a legitimate complaint, you might be justified in contacting the company's Manager or Broker of Record.  They may agree to cancel the listing rather than deal with the bad feelings, depending on the situation.

Of course, as the saying goes, "an ounce of prevention is worth a pound of cure".  Make sure you due your due diligence BEFORE signing a listing and get a professional, honest and hard-working agent on your side so this won't be a problem.


* Not intended to solicit or counsel clients currently under contract.

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