Six months ago I hired a realtor to rent my property. After showing the property to the realtor, the realtor asked me to sell it instead and I said I was not interested in selling the property at this time. The realtor then only presented me with buyers for two months. I became desperate and ran an add in the newspaper and found 5 rentors. I was so infuriated I told the realtor I no longer wanted to rent and had decided to stay in the property. I waited four months to re-list the property and discovered the realtor still has the property listed. I contacted the realtor and requested that she abide by my original request and remove the property from the market who responded that she needed to check the expiration date to release me. Now she refuses to return my calls with the expiration date and I am on the 4,000 miles away from the paper work. How long before this agreement typically expires? Can I get her for breach of contract? A NJ realtor states I can be released if I am not happy with the realtor. What can I do?

Length of listing terms is typically a 'fill in the blanks' type form and there's no way to determine what's written there without seeing a copy.

Have you tried simply calling her office and asking that they mail or fax you a copy???

Calling her office and speaking to the principal broker???

A NJ realtor states I can be released if I am not happy "Happiness" is usually not a valid reason for trying to void a listing contract.

I told the realtor I no longer wanted to rent and had decided to stay in the property.

If that's true then just stay in the property and the listing agreement will expire at some time in the near future.

Thank you for your response! I did call her office and asked that they mail or fax you a copy. She now will not return my call.

I'll try calling her office and speaking to the principal broker.

I guess I am unsatisfied with her performance. "Happiness" is usually not a valid reason for trying to void a listing contract. I am just angry that she is trying to push me to sell when I don't want to sell.

So, I cannot get out of this contract until it expires? I have to deal with her bad performance? This is not a breach of contract?

You might be able to get out if you asked and the firm was willing to release you.

If there were any sort of performance standards not met in your contract that MIGHT constitute a breach but you would have to go to court, hire a lawyer, wait for a court date.................you're probably better off just waiting for it to expire and then trying someone else.

Next time around ask for a guarantee that you can cancel your listing agreement if you're ever unhappy with your new Realtor's performance or work ethic.

I give each of my sellers a 100% satisfaction guarantee in writing that let's them cancel at any time and for any (or no) reason.

You should contact your local board of realtors if she's actually a REALTORŪ and not just a licensed agent. You can file a complaint because she breached her duties to you as a REALTOR. We are supposed to do what our clients direct us to as long as it is not unethical or illegal. We are also supposed to hold our client's interest before our own. If you said you didn't want to sell and she kept trying to force you to do this, she was not holding up her code of ethics. If you are trying to contact her and she is not communicating, she is just plain not doing her job.

She may be frustrated with you, but she should communicate instead of shutting you out. The board can actually force her to respond, but it depends on circumstances. I would definitely say that a listing expires on the expiration date. The local board may be able to help you with getting the agreement terminated, but their job is to hear both sides and make a fair decision.

The agent absolutely has to inform you of your contract date expiration date. She also has to tell other agents of the expiration date, so if you would like to work with another REALTOR, they can call on your behalf or contact the board so the board can intervene.