My realtor sucks ass - what's my recourse?

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EV Whore
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Guys, the way I see it, I don't stand much to gain by firing him at this point. Hear me out.

Damage is really already done. The problem is that during the critical time period it was shown when it was not ready to show. There is no getting that month back.

The place has been re-cleaned, garbage hauled out, carpets re-done, paint touched up, and the place was inspected by someone I trust and is now ready. No one lives there so it's not going to get fucked up again. The problem is with what has already happened, not with what I fear will happen next.

What do I gain by demanding another realtor from the agency, or strong-arming them into dropping the listing? Either way there is going to be some changeover period, and time is critical. Sure the guy's a dumbass, but who's to say the next guy won't be just as bad or worse, and it costs me a week or more in the process? I just don't see it as a major win for me.

To me the real value from this point forward is to negotiate down the commission based on my dissatisfaction, and light a fire under their ass to actually put forth some effort.

Now, in order to do that, I can ask that they release me from the contract for cause, and use that as my negotiating leverage. If they come back at me saying there is no way out of the contract, I suppose the best way to play that hand is to ask for a new agent within the company, and threaten to hold out for full asking and meanwhile blast them on social media and via word of mouth...unless they make it right.
 

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YES...you CAN....

I'm DONE...

NOT GOING TO HIJACK...HC THREAD

Are you suggesting you can get angry at an agent, tear up the written contract between you and his firm and hire a SEPARATE real estate agency? Is that what you're saying?
 

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Handicapper
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Rent prices going up. Maybe find another renter and try again some other time .
 

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Guys, the way I see it, I don't stand much to gain by firing him at this point. Hear me out.

Damage is really already done. The problem is that during the critical time period it was shown when it was not ready to show. There is no getting that month back.

The place has been re-cleaned, garbage hauled out, carpets re-done, paint touched up, and the place was inspected by someone I trust and is now ready. No one lives there so it's not going to get fucked up again. The problem is with what has already happened, not with what I fear will happen next.

What do I gain by demanding another realtor from the agency, or strong-arming them into dropping the listing? Either way there is going to be some changeover period, and time is critical. Sure the guy's a dumbass, but who's to say the next guy won't be just as bad or worse, and it costs me a week or more in the process? I just don't see it as a major win for me.

To me the real value from this point forward is to negotiate down the commission based on my dissatisfaction, and light a fire under their ass to actually put forth some effort.

Now, in order to do that, I can ask that they release me from the contract for cause, and use that as my negotiating leverage. If they come back at me saying there is no way out of the contract, I suppose the best way to play that hand is to ask for a new agent within the company, and threaten to hold out for full asking and meanwhile blast them on social media and via word of mouth...unless they make it right.

CP is telling you just to tear up his contract and move on.

Your way ahead is perfect Harry. Best of luck.
 

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Sure, you can fire your agent but you described the contract being rescinded because your pissed off at the agent. You can't just rescind a contract.

My gf has bought and sold millions of dollars in homes. She has fired her agent and company before. HC has valid reasons and she fired them for the same reason. Not doing shit! I don't no what else to tell you other than you're wrong here dude.

HC in the future don't sign any contract for longer than 3 months. Those terms are absolutely negotiable.
 

EV Whore
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HaHa...Homeowner rents their place to animals and finds everything they worked for basically destroyed...I see this 20 times a week and 1/2 of those times are close family members...Do you really think realtor does not want to sell your house? After all they do work on commission right? Since he was a childhood friend or whatever I would say he only wanted to help out and if you don't like him let him know and he will probably let you out and let you know what a dump you have and letting animals(the supposed humans) you don't know live in your investment was not a very good choice...I laugh at the people in my neighborhood that like to play landlord and spend 10k every time these beast move out and I try to explain the math to them and they are too stupid to figure it out....500.00 mortgage 175.00 hoa.50.00 insurance.100.00 property tax=825.00 and they rent for 1100.00 and they think they have struck it rich when in reality they let someone live there to make 275.00 which would take 3.5 years just to break even and then the stupid motherfuckers turn around and rent it out again...

All due respect you don't understand the entirety of the situation, that much I can assure you.

I didn't buy it as a rental property, I bought it as a family home with my ex-wife. I "won" it in the divorce. I say "won" because it had little equity at that point, if any.

I already had animals living in that house that I intended to live in for the foreseeable future. My 2 dogs.

When my wife and I split I took a roommate.

When I went off to rehab to quit drinking, and subsequently left town for good, my roommate (and close friend) kept renting the place from me directly. I never wanted to "play landlord". We were doing each other a favor. I didn't wanna sell it while the market was low, and he didn't wanna move but didn't wanna buy.

It's just more of a complicated situation than you make out it out to be.

Everything I worked for is not destroyed. There is still equity in the home, more than when I took it over as the value of that market has gone up.

Do I think the realtor wants to sell my house? I think that he either has it prioritized very low or he's piss poor at his job.
 

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My gf has bought and sold millions of dollars in homes. She has fired her agent and company before. HC has valid reasons and she fired them for the same reason. Not doing shit! I don't no what else to tell you other than you're wrong here dude.

HC in the future don't sign any contract for longer than 3 months. Those terms are absolutely negotiable.

If that agency wanted to take her to court, she'd lose. Don't know what else to tell you. Proving negligence of an agent would be tough. Them just walking away would be best for them but if they wanted to play hardball, a contract is a contract. You can't just tear it up.
 

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Handicapper
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You gonna miss those monthly rent payments.
Just imagine selling it one day when it's 100% payed off .
 

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WOW...

you get this now...

If in 90/120 days (whatever) of the contract ...

and the POS has done NOTHING....for you

speak to the owner (s)...

they will let you opt you...for sure...

In one of my cases they ...

I was in thier office ...done in 10 min...

and the girl was fired in 2 days.........TRUTH
 

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WOW...

you get this now...

If in 90/120 days (whatever) of the contract ...

and the POS has done NOTHING....for you

speak to the owner (s)...

they will let you opt you...for sure...

In one of my cases they ...

I was done in 10 min...

and the girl was fired in 2 days.........TRUTH

I think Harry had it all the way guy.
 

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Straight from www.trulia.com

Q: Can I cancel my exclusive right to sell agreement with an agent who is failing to perform?

Answered by a licensed real estate agent: There are two parts to the listing contract. The contract to put the listing for sale in the MLS and the contract for the exclusive right to sell the property. Make sure both contracts are cancelled. Some agents will cancel in the MLS but not the exclusive right to sell. The seller is then still obligated to pay them a commission if the property is sold through another agency while the first contract is still in force.



 

2009 RX Death Pool Champion
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All due respect you don't understand the entirety of the situation, that much I can assure you.

I didn't buy it as a rental property, I bought it as a family home with my ex-wife. I "won" it in the divorce. I say "won" because it had little equity at that point, if any.

I already had animals living in that house that I intended to live in for the foreseeable future. My 2 dogs.

When my wife and I split I took a roommate.

When I went off to rehab to quit drinking, and subsequently left town for good, my roommate (and close friend) kept renting the place from me directly.

It's just more of a complicated situation than you make out it out to be.

Everything I worked for is not destroyed. There is still equity in the home, more than when I took it over as the value of that market has gone up.

Do I think the realtor wants to sell my house? I think that he either has it prioritized very low or he's piss poor at his job.


The animals I refer to are the people you rented to...I simply think your buddy was trying to be nice and did not want to tell you what a dump you had after these animals moved out and he thought the market was hot enough to get you out of a jam and he may have failed...Selling your house could mean the difference of making his own mortgage next month so he has no reason to fuck you over...Tell him you are not happy and if he is a good friend he will let you out and then be brutally honest and tell you that fucked up by trying to be a landlord and jeopardized the future sales in the neighborhood by renting to scum that you probably would not have lived within 5 miles of...I see it everyday and complain about it to the landlords here,as I am association president...I would think you are not an HOA,so of course that part does not apply to you...I mean no disrespect to you either....
 

2009 RX Death Pool Champion
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You gonna miss those monthly rent payments.
Just imagine selling it one day when it's 100% payed off .

Yes when it is 100% paid off and he has spent 50k in repairs...Real logical...Almost as smart as spending 700.00 or whatever it was on a Christmas tree....
 

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Bottom line, if a real estate agency wanted to play hardball and there isn't language in your agreement allowing you to opt out, you're most likely stuck unless you can prove the agent is negligent which is very difficult. It sounds like in Harry's contract, there isn't language allowing him to opt out of the agreement.

How to Terminate a Contract With a Real Estate Broker

Contracts are legally binding, but can be terminated under certain conditions.


If you've signed a contract with a real estate broker, you are not necessarily stuck with that agent for the full duration indicated on the contract. Standard real estate agent contracts include clauses for opting out of the agreement; additionally, you are legally able to terminate the contract if you can prove that the agent is not honoring his contractual duties. Depending on your reasons for terminating the contract, breaking the contract could be very simple or somewhat of a headache.
 

EV Whore
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You gonna miss those monthly rent payments.
Just imagine selling it one day when it's 100% payed off .

Yeah it's not that simple either.

If I had 100% occupancy with a tenant who paid on time and didn't fuck the property up, and the place didn't ever need maintenance, then sure. You're absolutely right.

The house was built in the 50's. Shit goes wrong with it all the time. I have recently replaced the furnace, water heater, garage door opener. Next it will be the AC. Then the roof. Then the interior will need updated. Rinse and repeat.

Add to that the fact it could sit vacant for months at a time, and that I could end up with bad tenants.

Add to THAT the fact that I know that area very well. The hood is moving north in that town. I'm a few miles ahead of it now, but in 5-10 years if the hood takes over, it will drop by 40% or more. I have friends that bought a mile south of me for 120k and sold for 80k cause their house was now in a gang-infested neighborhood. So all this to maybe get God knows how much in 20 years. Place could be worth 30k by then.

The market in that area was high at this time, my tenant was getting ready to leave, I didn't wanna play landlord in an old house with an unknown tenant from 700 miles away, nothing was currently broken that needed replaced to get it on the market. Seemed like a good time to unload it before it potentially took a dive.
 

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Straight from www.trulia.com

Q: Can I cancel my exclusive right to sell agreement with an agent who is failing to perform?

Answered by a licensed real estate agent: There are two parts to the listing contract. The contract to put the listing for sale in the MLS and the contract for the exclusive right to sell the property. Make sure both contracts are cancelled. Some agents will cancel in the MLS but not the exclusive right to sell. The seller is then still obligated to pay them a commission if the property is sold through another agency while the first contract is still in force.




YEP....

if it's on the internet it must be true...

hahaha
 

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Handicapper
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I hear you. Yea I understand o
 

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