Hi all.

I have something that I've not come across in my few months in the business. I haven't brought it up to my broker yet, as she was out today. I will see her Monday.

I was leaving the office the other afternoon(we were closed) and as I was locking the door someone walked to to me and asked if there was anyone that spoke Spanish. I told her no, but offered if there was anything I could help her with. She said she wanted to sell her house. We went in, I pulled her house up on MLS and we talked for a few minutes. There were a few things I had to explain in further detail, but all together I feel she understood me and I her. We set an appointment for Sunday.

The weather was horrible on Sunday, so I called and ask if she wanted me to come or reschedule. She said lets do it Monday. Monday I went over, we walked through the home, I once again asked if she was the only owner/decision maker, asked where she was going, etc. She said she was the only owner(vertified with tax records and mtg. lender) and was moving in with her mother. I assumed she was maybe in financial trouble or something, really not my business as long as she is up on her note, which she is.

We went over the CMA, she listed at 3K more than I advised. I always tell sellers comission is X, which is a little higher than custom in area(but several listings at that rate). Usually we end up negotiating to Y, which is custom in area. (1% between them). She didn't squak at comission X, so we left it at that. Net sheet was calculated, I made sure she understood everything(payoff, comission, net proceeds to seller, etc) and all was good. Left with me getting key, driving sign in the yard and all was well.

I had 2 agents try to show property between Monday and today(Friday) and another wanting to get in tomorrow(higher comission works!) Every time I try to call, no answer.

Today I get a call that she doesn't want to sell. Evidently her husband(which wasn't ever in the picture and has nothing to do with ownership of house) doesn't think it's good to sell now.

So, I guess all of that was meant to ask, what do you do when a seller wants out of the contract? I do know that my contract is written that if property is listed with another broker within 12 months, my company is due full comission negotiated in contract. I'm going to let them steep on it today, and call her in the morning to ask about the showing tomorrow afternoon and see what she says.

Interesting. Obviously your broker will give you specific advice as to how to proceed. Although I wouldn't want to force the seller to stick to the contract, it's important to emphasize to her that she entered into a legally binding contract. What reasons/excuses does she (or her husband) give for wanting to cancel? Are there any clauses which would allow either party to terminate?

More important than cancelling the listing, is that it can be demotivating to yourself.

I'm sure your where pumped when it you had the good luck to pick up what seemed like a great listing. I've had potential business like this just slip away, and it's very disappointing and disheartening.

Hopefully you get another new listing quickly!

It is very demotovating. I did learn very early in my real estate career that instead of sitting around and pouting about lost business, I can just as easily go out and find new business.

I'm showing property to 3 people this weekend. Hopefully the listing works out, but if not, I do have several other listings on the market. This one just is priced well and offers very nice compensation for selling agents, and it is showing with the desire to show the property!

In a case like this we would withdraw the listing from the MLS and take it "off the grid" but the listing would remain in full force and effect until expired - meaning they could not list with another realtor (suppose someone else offered lower commission after she listed with you).

If they are telling you the truth and are actually just taking it off the market this should not be a problem for them at all. If they balk, then you know they have ill intentions!

Don't waste time with this at all. NEXT! is all I say.

You need to fill your pipeline so you only work with highly motivated people whether that is a seller or a buyer.

I also look at what I call (likelihood of purchase). Meaning if a buyer is looking for a 80k home and are fully qualified but only 10 have come on the market in a year and received multiple offers then the chance of closing them is low. Now if I have a corporate commercial investor wanting a hard to find deal at a great price but is looking at 5 million or more I will spend time on it.

Basically I am long winded and wanted to say "Don't waste alot of time on long shots"

Listen to Super Realtor, that is bang on advice. Let go of NON-Motivated - Halfheart people, get prospects like your life depended on it - in a real way it does!

If your worth it and I take it you are

1 No overpriced listings

2. Don't go beg any person for their business!

3. Say what you mean and mean what you say.

4. Be committed to yourself to make heaps of money...be proud of that too!

5, Your worst enemy will always be yourself - NEVER let that happen to you.

Having heaps and heaps of people to work with is the ticket.

Best Regards,

Morris Benningfield

If your listing agreement does not have a cancelation clause, then I agree what you should do is put it into "off market" status. This would take it off the market until the listing expires which would prevent them from listing with another agent.

My guess is that if you charge above market commission, someone has told her to cancel and list elsewhere.

Whenever a seller wants out of a listing I always allow them to. I see it like being in a bad relationship. If it's bad for them, it's probably bad for me, too. I even write on the listing form "This listing may be cancelled at any time by seller". This helps overcome the greatest fear that a seller has: signing up with an agent who they end up unhappy with. Taking away that fear will help you get the listing every time.