Is there a form that gets me out of a listing? E-mail
Expert Answers: Selling Your Home
Written by Eric Mangan, ForSaleByOwner.com   

I am listed with an agent now but, as with everyone, nothing is happening. I'd like to try lowering my price and would like the first round to be the agent commission.

I'm not angry at the agent or anything like that I just feel at this point I couldn't do any worse. What worries me is the agreement I had to sign that if I fire her I still have to pay the commission if the buyer so much as looked at her sign when it was in my yard. Is there some kind of standardized release I can have buyers sign that protects me from the agents, MLS, etc. coming after me with claims (or proof) that they had some role in showing my house to the buyers?

Stan in Spokane, Washington
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Stan,

You probably noticed that your agent put a yard sign in front of your house, marketed your home on the Internet, and listed it on the MLS… all in exchange for a steep commission rate. Now you’re realizing that you can do these things yourself, so why not drop the cost of a commission and lower your home’s asking price for by that much…. leading to more buyer interest because your property is priced lower. Great idea, in fact that is a primary reason why sellers choose to go “for sale by owner.”

Unfortunately, you really need to wait until your listing agreement is up to truly experience the commission-free benefits of going “for sale by owner.” As you pointed out, you’ll owe a commission if the home sells during the listing agreement time or because of any potential buyers that contacted you or your agent during this period.

Not only isn’t there a standardized release form to get you out of your listing agreement, you probably can’t get out of the agreement at all since it’s considered a contract. Of course, if the agent did anything that broke the spirit and rules of the contract, then maybe you can. You’ll have to hire an attorney to provide counsel.

Hope this helps!
Eric

 

 
 
 

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