Legal Question in Real Estate Law in California

Can I fire My Real Estate Agent?

My Real Estate Agent is not doing there job. Between having open houses and not advertising to not returning peoples phone calls for viewing, I feel my house will never sell. I have had friends call to make appointments, and their calls are not returned. They go away for extended vacations and I am at my whits end. Please help me by letting me know if I can CANCEL this contract. I do not want to switch to another in the office as I feel it will not benifit me. Thanks for your help!


Asked on 6/27/06, 12:08 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Can I fire My Real Estate Agent?

How long does your listing agreement have to run? You're possibly better off just letting it expire, then re-listing with someone you have more confidence in. The problem is that breaching the contract, even though possibly justified (if you could show a prior breach by the broker), runs a high risk of exposing you to liability for a double commission or other damage claims. Better to negotiate a bilateral rescission, I think. Keep in mind that the market has turned pretty sour in the last few months.

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Answered on 6/28/06, 12:38 am


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