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JoceyBaby23


Gucci

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Firing our realtor... need help!
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We have been having some serious issues with our realtor (selling our home). I just drafted this letter, because we plan to fire (terminate our contract with him this week). We just hope that he doesnt take us to court for his commission. But even if he does, I am pretty sure, we have a good case against him.. Any comments are appreciated.. Thanks girls!


Dear XX:


As a result of some of the specific contractual violations listed below and on the advice of my attorney, please consider this letter your official notice that I am canceling the agreement with you and XXXXXX Home Sales to sell my home, effective immediately. A partial list of reasons follows:



1. Per our contract; "You are hereby authorized to negotiate for the sale of, and to sell, said Home for $XXX,XXX."
In a copy of "The Real Estate Book Volume 16, Number 12" the advertising of my home is for ($XXX,XXX minus a few thousand dollars) on Page 14. Therefore you have unilaterally reduced the advertised sale price of my home without authorization.

2. Other issues are: lack of communication, unprofessional work ethic, not following instructions, providing false information, lack of effort to market or advertise the property, lack of feedback after showings.


3. No open houses scheduled, No "For Sale" sign visible from XXX Road, No return phone calls after leaving you many messages.
4. You have left our home unlocked after showings.
5. In September and October 2005, we didn't hear from you at all. You did not show the house to ANYONE for over an entire month.

6. You have locked us out of the house and appear to have either allowed or participated in destruction of property inside our home. (Scratches, key marks on new Bistro table, tracking mud onto our carpet, kicked over baby gate, left gate laying bent on the floor which took huge chunks of paint off the wall.)



Because you have violated the terms of our agreement, there will not be any early termination penalties applicable nor will there be any penalty provisions of the contract applied that prevent me from selling my home via other means by requiring me to pay unearned fees to you.

I'm sorry our agreement didn't work as intended but at this point, your lack of apparent effort or subsequent results has become intolerable and is preventing me from acquiring alternative properties in a timely manner.

Sincerely,


 
Joceybaby and Husband



cc: XXX Esquire
     XXX & XXX, Attorneys at Law



 



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-jocey-
NCshopper


Hermes

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Wow.  That sounds like a really really crappy real estate agent!!!  I think you've stated your case really well.  However, I would back up this statement with some specifics:  "2. Other issues are: lack of communication, unprofessional work ethic, not following instructions, providing false information, lack of effort to market or advertise the property, lack of feedback after showings."


I would provide specific information about what instructions he did not follow, what information he provided that was false, when exactly he was unprofessional, etc, etc.  I think you outline his lack of communication and his lack of an effort to market or advertise the property, so you could even leave those out of that sentence.  I think if you provide specific examples of these things, he'll have less of an excuse for his behavior.  Otherwise, you're making generalizations, and he probably won't respond well to that.


That's just my two cents.  Good luck!  That sucks that you've had to deal with this.  Yuck!



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Elle


Hermes

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Sorry you're having to deal with this - it sucks!


But I think your letter is good.  It states specific events/issues leading up to your decision to terminate the contract, as well as stating that you will not be responsible for fees in the contract.  I think it would hold up in court, if it gets to that.  You didn't happen to take pictures of the damage they did?


If anything, you might consider a slight wording revision in some areas.  I'd avoid using 'you' - even if your (totally justified) beef is with your specific realtor, IMO unless he's working independantly your letter should be going to his company and not him directly, since it's the company with whom you have a contract.  'You' feels a bit accusatory, and could put him on the defensive which could complicate the resolution of the problem.  Also, I can tell from your letter that you're upset about this (rightfully so), but I think you might encounter less resistance and more cooperation if it was stated in a more factual, strictly business sort of way.


Hope you can get this resolved ASAP!



-- Edited by Elle at 13:25, 2005-12-08

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Cricket


Gucci

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Geez, he sounds completely incompetent!  I can't believe you ended up with such a jerk.  The letter looks fine to me.  I hope you get a clean break from this man and he doesn't contest his firing.  He deserves it!

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sage


Dooney & Bourke

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Wow, bad real estate guy!!

I know someone who recently sold a house. His agent brought her dog to the open house(??!!), told him a lot about her personal life, and totally screwed up the purchasing process- The new people got the keys and were moving in to the place before the money was in my friend's possession!!! Whaaaat? He never would have known this but his dad lives 3 doors down from the old place and told him! And the agent tried to blame the lawyer, who is a friend of mine. Seriously.

I think the letter is great. This guy had broken the contract in sooo many ways. He needs to be gone!!

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