Hello,
I signed a listing agreement with a realtor who is not performing. Specifically, she is verbally abusive (yells at me) asked me to lower the price $100K from the original price SHE recommended & said she could get multiple offers on a month and a half ago, has received verbal offers but has not presented them to me until WELL after the potential buyer was lost, tells me she can't show because she has an appointment w/ her trainer at the gym, doesn't follow up with potential buyers - the list goes on. She told me I can get out of the listing agreement at any time. She promised to give me a copy of the agreement after I signed it, but never did so I can't reference it. I have asked her in writing to remove the listing from the MLS and she changed it to "temporarily off the market" instead of removing it. Now she is stalling on sending me rescision documents. Any suggestions?

Call the Broker (Hopefully it is not the Broker doing the Listing). The Broker owns the listing, not the agent.

If nothing else threaten to file a complaint with the State Real Estate Association.

Call the head broker and explain the situation.With the Cali market the agent probably gave you an inflated sales value to get the listing.The sellers are mistaken constantly on what an agents job is.One agent can't pull some magic number out of the air and make it happen.

Market prices are the same regardless of the agent.The differences in agents is there marketing strategy to get in front of the buyers who pay close to market value and to also help you negotiate the contract and get everything to closing.

In a depressed market you shouldn't be selling unless ther eis a good reason job loss,relocating,need bigger space,facing foreclosure,medical issues.If not you need to wait until the market improves which will probably be a few years befor eit hit's a sellers market again.

Verbal offers are a waste of time and not enforceable.I could tell you a million dollars for that home and then offer in writing 799,000 and the 799,000 will be enforceable.

It sounds like you and the agent need to learn some realities abotu the selling process.Get an attorney to draft a letter demanding they let you out of the listing agreement and waive the protection period.

Regardless of which agent/broker you use you must come down to earth with a relistic to sell value or you will have the same result with any agent you choose.

good luck and no legal advice

Thanks. I have contacted the Broker via phone & Email & asked her to call me. She sent me an Email and asked me to call her. I think Im getting a runaround.
RE: realistic price: I have been paying close attention to the market. Other homes in my area are selling at or above the price I listed. And NO ONE is reducing $100K. I bought the house to renovate & flip. Can't afford to keep it.
Any advice on MLS removal?

"Thanks. I have contacted the Broker via phone & Email & asked her to call me. She sent me an Email and asked me to call her. I think Im getting a runaround."

This is not an official notice most state laws and state real estate commissions require WRITTEN NOTICE to break a contract agreement.You or your attorney need to send a certified letter demanding action one way or the other.

I specialize in investments and rehabbing.Many areas of Cali are in monthly depreciation right now.Not the market for flipping with foreclosures making up about 50 percent of the market-that ship sailed there years ago.You make myour money when you buy not when you sell in flipping.Often times people buy marginal deals and then think by overimproving the property and making it really nice they can make more money.In your situation before your credit is ruined I would just dump it and break even or make a little money and move on.

Don't wait until you can't make the payments and then you are the short sale,pre-foreclosure,bankruptcy waiting to happen.You can always learn fromt his and mov eon but if your credit gets trashed that can kill other investment opportunities in the future for you.

I can't really comment further as I am not there,can't see the property,can't run my numbers,don't know your financial situation
or 100 percent your market,do not know how you took title and how everything is set up,etc.

good luck-no legal advice

Regardless of your numbers and what you think invite investor agents to preview the property and give there opinion of value.If the consensus is different from yuor listing and numbers you have then there you go.

You probly as stated here need to call the agents broker and have a heart to heart talk. Out side of that forget about all the advice you have recieved the listing is a contract. Therefore you are now into contract law not real estate. If contacting the broker does not help then you will need to contact a lawyer and ask him/her. Also you might want to just re-read your listing agreement. Many have a section that addresses that. You may just want to follow that.

I agree with the written notice to the broker , via certified mail. A follow up call would be a good idea as well but I think that call needs to be to the board and not the broker. Here in FL as agents we are required to provide the listing agreement with in a couple days otherwise we could have serious ramifications by violating our rules. I can't speak for California. I would never suggest a slash and burn tactic for an area I know nothing about. I trust you know your market and what you are doing to know better than getting caught in a bad market decision, (other than agent).
There are many agents that are unfamiliar weith what you are doing and can't offer suggestions. I work with my buyers here that do what you do and understand what they are doing as I have done it. Investors often think they have come up with a novel idea about how to flip a house but more often than not it has been done... and will continue to be. Find someone that knows what you are doing. An agent works with you to sell and can offer expertise to meet your goals. I don't compete with my investors as what I want to do in real estate is different than most. There are a thousand ways to make a buck in real estate, find an agent that knows your way.
I bet you can make your money on this home you just need an agent that is helpful.

I expect your broker will become more accomodating after contact is made to the board, just be considerate and provide them with fair notice, in writing. Good luck.

Apex1,

i must say that a helpful agent cannot make money on a home just because they are a great agent. the numbers MUST be right for an agent to make the seller money. it comes down to having a competent agent and numbers that work for that market. without knowing the market of the lising, i can say as a fact that if the home was priced lower the chances of selling would go up. i cannot say for a fact that finding an agent that is helpful can make the home sell for the price that it is listed for if that price is inflated to a number over what the market is paying.