Legal Question in Real Estate Law in California

E-mail your complaints, in detail, to her and ask for a response and how she plans to remedy the situation. After she does respond, point out how she has no proposal to really change the situation, when hiring her you did not know these problems would come up, and she has effectively breached the contract. Point out that you have no replacement real estate sales person in mind and no one has made an offer to you; you want her to release you from the 6 month exclusive portion of the agreement so that you can hire someone else [other agents will not want to have to split the commission with her]..

I have dealt with this. The agent may still come after you for fees. You should have myself or another attorney review your contract and send a letter with the right magic words confirming your obligations have ended.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

IMPORTANT NOTICE: This communication may contain confidential information, privileged information, or attorney work product. If you are not the intended recipient or received this message in error, any use or distribution of this message is strictly prohibited and unlawful. Please notify the sender immediately, and delete this message. No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Attorney licensed in California only. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.

I do not recommend breaching a listing agreement due to the possibility of being liable for an extra comission, and I am dubious about the idea of claiming that the agent has breached, thus releasing you from further obligation under the agreement. Instead, I'd recommend negotiating a mutual cancellation (rescission) of the listing agreement, and get it in writing. Contacting the broker under whom the agent works may be part of a successful negotiating strategy. Be prepared to document the issues you have with the agent's abilities and performance, or at least be prepared to discuss them eloquently. Stress the mutual advantage that the agent won't have to waste time pursuing a deal that probably won't happen.