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#25963 - 07/03/06 01:32 PM Re: Can I Get out of Contract
Norm Talbot Broker Offline
Member

Registered: 12/31/69
Posts: 105
Loc: Windsor, Ontario, Canada
Enough already!

The original poster is from New York, and should check out the laws of that state which would apply.

In most jurisdictions, I would suspect that an agreement is something in writing and would be a contract. The terms of which would dictate what can and cannot be done!

If Tennessee has a 'listing agreement' that says you can opt out whenever you want,so be it! Does this 'opt out' also apply to the real estate company?
_________________________
Windsor Real Estate

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#25964 - 07/03/06 01:38 PM Re: Can I Get out of Contract
Beebop Offline
Member

Registered: 06/30/06
Posts: 10
Loc: TN
 Quote:
Originally posted by Norm Talbot Broker:

If Tennessee has a 'listing agreement' that says you can opt out whenever you want,so be it! Does this 'opt out' also apply to the real estate company?
Excellent question! I've never heard of a broker willing to give up a listing, although I've heard of plenty complaining about sellers. But no, as far as I know it's a one way street.

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#25965 - 07/03/06 01:49 PM Re: Can I Get out of Contract
Norm Talbot Broker Offline
Member

Registered: 12/31/69
Posts: 105
Loc: Windsor, Ontario, Canada
I take it a step further than complaining if the seller doesn't co-operate, then they are not living up to their end of the contract, and I will request they consider suspending the contract until such time as they are 'serious' about marketing their property. Perhaps they may even wish to contribute to the costs of advertising if they believe it is just a game!
_________________________
Windsor Real Estate

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#25966 - 07/03/06 01:50 PM Re: Can I Get out of Contract
Beebop Offline
Member

Registered: 06/30/06
Posts: 10
Loc: TN
I couldn't agree more.

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#25967 - 07/03/06 02:05 PM Re: Can I Get out of Contract
Norm Talbot Broker Offline
Member

Registered: 12/31/69
Posts: 105
Loc: Windsor, Ontario, Canada
Thanks for keeping on topic and leave the flaming to another medium! We moderators are also active realtors so we can't always be on top of every posting.

Now I get to digress after having celebrated my Canada Day officially on Saturday, July 1st, today is our off-work day!

To all my U.S. friends, have a Happy and Thoughtful Independence Day!
_________________________
Windsor Real Estate

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#25968 - 07/03/06 02:18 PM Re: Can I Get out of Contract
Beebop Offline
Member

Registered: 06/30/06
Posts: 10
Loc: TN
Thanks, Norm.

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#25969 - 07/03/06 02:47 PM Re: Can I Get out of Contract
Alan From Florida Offline
Veteran Member

Registered: 05/10/05
Posts: 906
Loc: Tampa Bay Florida
Just a comment and or questions here. She signed with a discount broker. With that what was promised in the agreement as well as listing presentation. Just a question what if and we do have a brokers that lists in MLS for $XXX and that is all. What if in the agreements all that was promised and also delivered was an MLS listing and help with contracts. And I also agree with another poster that if a listing wants out of a contract I would. But what if this poster actually has a listing that all that was promised was an MLS listing and to help with a contract if offered. Is not the listing broker delivering on their contract and also promises? And if that’s the case is not the listing broker entitles to hold them to the contract terms? Plus if that’s the case and we are all telling them to complain to the board, commission etc are we all not interfering with a valid listing agreement. I am not flaming anyone with this question. However in her post she said she listed with a discount broker. With that the very first thought that comes to my mind is as I said an MLS listing and possible help with contracts. I also see what I call discount brokers offer a menu of service. MLS is X, you want advertisements is an extra Y you want realtor.com it’s an extra Z etc. Is that the case I do not know? However I think we need to look at it as a possibility.
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Prudential Tropical Realty
Over 2500 Units Sold
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#25970 - 07/03/06 04:10 PM Re: Can I Get out of Contract
Norm Talbot Broker Offline
Member

Registered: 12/31/69
Posts: 105
Loc: Windsor, Ontario, Canada
Without being privy to the actual listing agreement, we cannot know what it contains.

Those of us who are professional realtors have a comprehensive listing agreement and we can competently explain what is contained therein. We are also held accountable for our actions and the terms of the contract. 'Standard' listing forms were developed by realtors and the legal profession and realtors are trained in their use.

If someone comes along with a new contract that is not, pardon the pun, the 'norm', who is accountable? In the hope of saving money, some sign the new contracts without the benefit of independent legal advice. Again, if saving money is the key, the public may not be willing to pay to seek the legal advice they need. You will often see me reply here that we are not lawyers and are not providing legal opinions.

One can 'draft' any contract that the mind can conceive. I, for one, tend to steer away from contracts that deviate from the 'norm'.

The term 'discount' implies something is being cut. We have seen brokers cutting corners by not providing all the servcies one would expect from a full service broker! One would be prudent to seek legal advice and explore fully the differences.

WHAT YOU SEE IS NOT ALWAYS WHAT YOU GET!

If you don't like the game, don't play it!

If you know the rules and then play the game, then maybe you shouldn't cry foul if the rules don't benefit you in the end!
_________________________
Windsor Real Estate

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#25971 - 07/06/06 10:36 PM Re: Can I Get out of Contract
Ashley Mathers Offline
Member

Registered: 06/25/06
Posts: 19
Loc: San Diego, CA
Amen Norm.
Brokers come in all shapes and sizes. If you don't know what you're getting yourself into, you HAVE TO READ THE FINE PRINT.

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