release from GSMLS contract

[frodiggs]

I'm not happy with my listing agent in Rahway, NJ and went to the broker to state my case today.

Naturally he tried to keep the business, kind of presenting the case that my statements didn't justify the release but acknowledges the overall laziness and weak, 'not what was promised' advertising up to this point (3/mo into a 6 mo term).

His solution was to take over the listing personally, agree to do more marketing and along with adjusting the price to reflect market conditions bring the commission to 5%. If not satisfied after I month he would offer the unconditional withdrawal.

I said I'd speak to my wife and get back to him. Tomorrow I'll advise we still want the release based on the reasons stated. I'll press my case but if he says no then we fall back to the 30day agreement

I am writing the agreement with states a promise to market online and print in specifics venues, minimum 8 directional open house signs and 4 permanent directional signs. I am also defining the terms of release if not satisfactory but not quite sure how to tighten it up.

I just wanted some advice on this.

Lastly I’m scanning the GSMLS contact and I can't find anything but the brokers protection that relates to terms and listing etc. If there is nothing in this standard contract do I have any other leverage?

[AaronSOLD]

One dissatisfied customer will complain to everyone they know, while a satisfied customer may never say a word. Your best leverage is your mouth.

Telling your broker to put out 8 open house directional signs and 4 permanent signs seems a little controlling to me. Plus, in the Twin Cities most cities ban permanent signs, so that wouldn't even be possible here.

My standard of practice is to do everything I can to keep the business but if it isn't going right, I cancel it and move on. It's more work than it's worth!

[frodiggs]

AaronSOLD thanks for the advice.

Actually here, Weichert does a minimum of 8 directionals on an open house and the broker agreed to 4 permanent signs so that's on them. I see mostly 2 but since they offered it I'll take it.

He prides himself of referral business so I'll hold onto that card if we go the 30day route.

[judyo]

On one hand, if you were promised something and did not receive that promise I can understand why you want out.

On the other hand, I think many sellers are putting the blame of the soft market unfairly on their agents/brokerages.

I am about to let go of one of my sellers who is demanding things I specifically stated I would not do & she has been butting heads with me since day one. However, because I am such an active agent, I showed her listing (only on market a couple of weeks) yesterday to possibly interested buyers. So now I can't "fire" her until I figure out if these out-of town buyers are interested enough to write up an offer (I showed them 12 properties with more to see).

IOW, if I don't sell my listing to these buyers I will cancel her listing. I don't think she'll be happy with any agent.

I also know there are agents that do not deliver but if you've already complained & the broker is volunteering to get involved, I would certainly give him that chance.

[Fort Lauderdale]

with adjusting the price to reflect market conditions bring the commission to 5%.

Absolutely, a price adjustment to reflect current conditions is a great step. I don't want to discuss commission, but I am unclear on what you are posting. If you are in a market with huge inventory and are not competitive, that could be a problem.

[frodiggs]

yes i would not want to unfairly target a broker as i know their job is hard enough in this market. i feel i am fair, educated enough, have seen enough listings being a buyer and at the same time having spoken to at least 5 different agents about the situation as well.

as it turns out the broker/owner would not offer the release but agreed to take over the listing himself. he is a nice guy and has turned things around. we knew we needed to adjust price but our complaints spoke to the overall laps of the previous agent, poor communication, incorrect pricing and reactive nature.

the other agent was a nice person also but i think we're on better track now to get the sale and move on.

thanks for your advice all~

[judyo]

Sounds like things are working out - best of luck!

[frodiggs]

yeah i came home and my for sale sign was supersized with 4 permanent directionals to boot.

maybe i can focus on others things and let them do their job correctly now.

thanks again folks

[Morristown]

frodiggs,

Keep in mind that the North New Jersey Market is very spotty right now. There are some towns that are hot as can be and other towns that are just dead as a door nail.

Also keep in mind that Open Houses, News Paper Adds, in a market like this are totally worthless. I would not worry about directional signs or what Weichert does. Weichert is most definitely not a company who you want your listing agent to replicate.

just my 2 cents, but will be interested in seeing how things work out.

Jim

[frodiggs]

interesting comments Jim.

Rahway was recently featured in the NY Times and CBS as an up and coming town so I think the potential is there. The recent PR should jump start things we hope.

I was impressed by what a local Weichert agent was doing in Southern NJ and they had impressive numbers. Why do you say one would not want to replicate them?