Getting Out of Listing Contract

**JAW1717** · 04-20-2008, 06:58 PM

Hello-

Okay, so here is my sad story. We live in Oklahoma and our house has been on the market for three weeks with no visitors as of yet. We have had five people come to two separate open houses, but that is about it. We already have a contract on a new house that is currently being built. The house will be ready in five weeks. Here is the problem, we signed a listing contract with a realtor that lives in a different city. She was recommended to us by our mortgage broker, and because we don't know what in the heck we are doing, we went with her. She told us today that Norman realtors (our city) blackball any houses listed by "non local" realtors. So, no Norman realtors are showing prospective buyers our house. We are so worried that we will not be able to sell our house, and we will lose the house on which we currently have a contract. So, do we have any ability to get out of the listing contract? She is helping us with the house that we are buying, so she would still receive a percentage of that sale. Ethically, should we have been told this information before signing that contract? Thank you!

**Mike Taylor** · 04-21-2008, 03:56 AM

Ethically, it is totally wrong to "black list" any listing...but I guess that is beside the point. Have you asked her to let you out of the contract? It doesn't sound like she has good chance of selling it anyway.

**Codythebest** · 04-21-2008, 08:09 AM

Beside, C'mon, will you list your Miami home with that Seattle Realtor?
Always go local, with people who knows the area best...

Now, ask her if she's willing to cancel the contract. She may say yes...

Another trick is always put in the listing agreement that you may cancel it at anytime if you are not happy with your listing agent...

**clemy** · 04-21-2008, 02:38 PM

I have a RE contact in Norman and she says she doesn't know of any blackballing going on. However, she asked how your agent is marketing the house. Is it on the Norman MLS? and are there at least six pictures - for some reason, six is the magic number in Norman. Is she advertising in Norman?

**JAW1717** · 04-21-2008, 08:09 PM

I don't think it's on the Norman MLS. That might be the problem. Apparently there are computer system problems... I don't know...However, she is using alternative ways of marketing the house. But, with the housing market the way that it is, it just seems like we are starting with two strikes against us. We don't want anything standing in the way of realtors showing our house.

**Greg** · 04-22-2008, 05:23 AM

If your agent does not belong to the local MLS and your listing is not in the local MLS then your house is not really for sale.

Your agent sounds like she is not very smart. She is risking losing a commission on the new house in order to get both commissions, while knowing that she has no chance of selling the first house/domino.

Your agent is letting her greed get in the way of making rational decisions, and yes, ethically she should have told you she can not do a good job because she is outside of her area/MLS.

**clemy** · 04-22-2008, 06:50 AM

Oh. Well, if isn't on the Norman MLS how are agents supposed to find it???

You need an agent that can get it on the Norman MLS with at least six good pictures. My contact says that will get it noticed.