A friend of mine's father has a property currently listed with another agent. Several times he has called me asking me questions about the property and the market because his current agent has not been available to answer any of his questions. He has told me that the agent rarely, if ever, calls him to update him on the marketing of the property. I looked up the property in the MLS, and to say the least, the description is horrible. The agent is not doing anything to actively market the property.

My questions was, how would the owner go about cancelling the contract with the current agent, and then re-listing with me? I am not the one who suggested it, he did.

Has anyone ever had a similar experience? Any suggestions?


Thanks

Yes, I get that all the time, but you have to be extremely careful NOT to discuss that customer's listing with them. This is someone else's CLIENT right now. You have to tell the customer that you can discuss it with them when they no longer have a listing agreement. You can't tell them how to go about cancelling the agreement.
I might suggest that the customer call the broker directly to find out what their options are.
--A

Good, up to this point I have not suggested that he cancel the agreement or how to go about it. He mentioned to me that he was thinking of cancelling since he has had no contact with his current agent, and since I am friends with his son, his son suggested that he list with me.

I just got a property listed almost in the same manor. I was contacted by a homeowner that had an agent who was doing nothing for them and they asked if I could list their house. I just said I will if and when they do not have a contract with their current agent. After it was canceled they called me and let me know that all they did was call directly to their broker to complain and asked for the contract to be terminated. Most brokers will do so even though they are losing a client because they do not want their office to get an even worse rep than they are already getting from this client.

I'm going through the same thing right now but I had to do some searching to find out they were already working for someone else. They originally told me they were buyers asking about one of my listings.
Now I wait and see what happens. If they terminate the listing, good for me. If not, c'est la vie.

Cliff

if they want to cancel, tell them to speak to the broker, and if nothing is resolved to speak to the local association who can advise them.

Thanks for the all the help. I just dont want to go about it the wrong way and have the Broker go after the commission.

Make sure that if he does get a release that you get a copy and read through it before you list. I have seen releases that release the home owner from the mls but not from their contractual agreement with their current Broker. Good luck

Yes, you want it to be Withdrawn Unconditionally, not Withdrawn Conditionally where the listing is justed cancelled from the MLS but the contract is still in effect. I just withdrew one of my listings as Withdrawn Conditionally because I don't want the seller going and listing with anyone else, especially because I brought them 2 good offers on their home and they declined.

This has happened to me twice and my broker has said I'm allowed to do a CMA and give a listing presentation PRIOR to the cancellation of the listing, if the client asks me to do so. My understanding from my state's (Connecticut) real estate laws is that I should have no contact with another agent's clients whatsoever until the contract is cancelled.