Legal Question in Real Estate Law in Florida

firing a realtor

I am selling my home. We hired a realtor who got us very excited even in todays market. He promised everything. We were firm about our selling price and told him we could rent it if he didn't think it was possible. He took it and said no problem. Since signing 3 months ago, he listed in wrong, I had to rewrite a poor attemopt of a lisitng description, he has called me with his team on conference to tell me my price was too high (two weeks after we signed and I reminded him of our conversation about our price), he only has a second for me and is very put out the few times I have called, and has yet to send me my copy of the contract even though I asked for it 6 weeks ago. Also, no brokers opens as promised, no marketing booklet on my home with pics as he said he would do, and not one showing! He bulldozed me into a 12 month contract becuase of all his hard work he does. There is a clause I sort of remember about owing him 1 1/2% if I terminate early. Is there a way out of this considering there has been no work at all done on his part and we now want to go back to plan A and rent it out. I do not want him invloved with my prop. at all. We are hurting financially now and he is doing nothing to seel my home. Please advise


Asked on 8/07/07, 10:25 am

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: firing a realtor

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Generally, there is no automatic way out of a listing agreement without a substantial penalty once it has been signed. You may wish to call and meet with the realtor's broker and explain your concerns and disappointment if the failure of the realtor to perform as promised. Many firms will choose to release a disgruntled seller from a listing agreement if they can show valid reasons to be released rather than face possible censure by the Florida Real Estate Commission (FREC).

Scott R. Jay, Esq.

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Answered on 8/07/07, 12:25 pm


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