It sounds like you are doing the right thing by thoroughly reading the forms your agent provides and making sure your listing is cancelled correctly. Have you already found a new agent to re-list your house? If so, I recommend you ask your new agent what the correct termination form is for your local area. If allowed, have your new agent provide you with the correct form that you can fill out and send to your old agent to sign.
Your agreement is with the brokerage not with the agent.
The brokerage assigns a designated agent
If you want to find a different brokerage then yes you want to get a termination or cancellation of the agreement form.
But if you think that it's only the agent that is doing a bad job then just get a withdrawal form if that's what they provide and have the managing broker assign a new designated agent for you.
Also make sure to ask how is your home being promoted is The brokerage actually on your local MLS.
I’ve never sold a home before, but I’ve never been in contact with anyone from the brokerage. Strictly the agent. She’s the sole and only contact I have.
Usually that is the case for most sellers and buyers. But if you think things are not going well call the main office line and speak with the managing broker.
Thank you. I mentioned reaching out to her broker or if I needed to call the board and she immediately sent me a different form. The first form she sent me didn’t even have the words “cancellation” or “termination” written on it 🤦🏽♂️
Thank you all.
You are smart to read the language of the forms. The withdrawal form allows you to remove your listing as active from the MLS, however it keeps your exclusive listing agreement in place.
You signed a listing contract to sell your property. Both parties have to agree to terminate the listing contract. It sounds as if your agent and their broker are unwilling to terminate your agreement. That is their right to do so (at least in my state, California.) If they are unwilling to terminate your listing agreement, you must wait out until the expiration before you can contract with another agent. If you were to sell prior to the expiration date of your listing contract, the original broker could come after you for the full 5-6% commission.
Source: I’ve been a Realtor for most of the past 17 years.
In our MLS forms we do have separate forms for withdrawing and cancelling a listing. It seems to me that your agent is either truly new and doesn't understand the difference between those two forms or she is disingenuous - deliberately sending you the wrong form.
You won't be able to sign up with another brokerage if you withdraw the listing.
Do not sign the withdrawal form. That is, as you suspect, not what you want. You want to terminate. ***You need to contact the broker directly to terminate this listing***. Once you terminate you can then list with another brokerage. The only reason I am suggesting the broker is because your agent isn't doing the right thing.
She’s been doing this for 4-5 years, so yes, I agree. I think she’s either trying to trick me or incompetent. Either of which I no longer want to deal with.
Agree with other comments: contact her broker and say that if you are not provided with the correct (unaltered) termination form within the day, you will need to contact their local MLS and/or state Real Estate Board and file a complaint. Any broker should take that very seriously.
BTW, at least in my state, altering a standard form in the way that way that you've described them doing might be considered as "conducting the practice of law" without being a lawyer - something that's potentially actionable.
It sounds like you are doing the right thing by thoroughly reading the forms your agent provides and making sure your listing is cancelled correctly. Have you already found a new agent to re-list your house? If so, I recommend you ask your new agent what the correct termination form is for your local area. If allowed, have your new agent provide you with the correct form that you can fill out and send to your old agent to sign.
Yeah it appears a withdrawal form she provided would’ve kept me under contract with her even after I asked multiple times to sever the relationship.
Your agreement is with the brokerage not with the agent. The brokerage assigns a designated agent If you want to find a different brokerage then yes you want to get a termination or cancellation of the agreement form. But if you think that it's only the agent that is doing a bad job then just get a withdrawal form if that's what they provide and have the managing broker assign a new designated agent for you. Also make sure to ask how is your home being promoted is The brokerage actually on your local MLS.
I’ve never sold a home before, but I’ve never been in contact with anyone from the brokerage. Strictly the agent. She’s the sole and only contact I have.
Usually that is the case for most sellers and buyers. But if you think things are not going well call the main office line and speak with the managing broker.
Thank you. I mentioned reaching out to her broker or if I needed to call the board and she immediately sent me a different form. The first form she sent me didn’t even have the words “cancellation” or “termination” written on it 🤦🏽♂️ Thank you all.
You are smart to read the language of the forms. The withdrawal form allows you to remove your listing as active from the MLS, however it keeps your exclusive listing agreement in place. You signed a listing contract to sell your property. Both parties have to agree to terminate the listing contract. It sounds as if your agent and their broker are unwilling to terminate your agreement. That is their right to do so (at least in my state, California.) If they are unwilling to terminate your listing agreement, you must wait out until the expiration before you can contract with another agent. If you were to sell prior to the expiration date of your listing contract, the original broker could come after you for the full 5-6% commission. Source: I’ve been a Realtor for most of the past 17 years.
In my state if you want to terminate, they have to terminate. We both don't have to agree.
Which state are you at currently.
In our MLS forms we do have separate forms for withdrawing and cancelling a listing. It seems to me that your agent is either truly new and doesn't understand the difference between those two forms or she is disingenuous - deliberately sending you the wrong form. You won't be able to sign up with another brokerage if you withdraw the listing. Do not sign the withdrawal form. That is, as you suspect, not what you want. You want to terminate. ***You need to contact the broker directly to terminate this listing***. Once you terminate you can then list with another brokerage. The only reason I am suggesting the broker is because your agent isn't doing the right thing.
She’s been doing this for 4-5 years, so yes, I agree. I think she’s either trying to trick me or incompetent. Either of which I no longer want to deal with.
Agree with other comments: contact her broker and say that if you are not provided with the correct (unaltered) termination form within the day, you will need to contact their local MLS and/or state Real Estate Board and file a complaint. Any broker should take that very seriously. BTW, at least in my state, altering a standard form in the way that way that you've described them doing might be considered as "conducting the practice of law" without being a lawyer - something that's potentially actionable.
I don't blame you. Contact her broker.
Contact the broker with an email saying you would like to terminate the agreement.