My listing agent had my house on the market for the past 6 or 7 weeks. He did a horrible job (wrong description for home, late for open houses, sometimes put the wrong price in the paper, ...). Last Monday, I took the copy of the contract that I had and wrote on it: VOID & UNENFORCEABLE. My wife and I signed and dated it and then the agent did the same thing. My question: Does this release me where I can either sell it myself or go through another broker? We wants me to sign a piece of paper stating that it is withdrawn. However, I don't want to sign it because technically the contract no longer exists and, therefore, anything after that is meaningless. Is my thought process correct?

Are you kidding???

Unless you, your wife, AND your agent and/or his broker ALL write: "VOID & UNENFORCEABLE" you probably still have a binding and legally enforceable contract.

Once 2 parties enter into a legal agreement one side can't withdraw unilaterally; both must agree with any changes.

If you sold your house to a buyer with a contract both you and the buyer signed could the buyer write: "VOID & UNENFORCEABLE" on that contract and say; "see ya"???

Your best course of action would be to talk with you agent and tell him you're unhappy and why. Ask him what he intends to do about it and if you're still unhappy ask for a release.

You may also have to talk with the principal broker of the firm to get out of the contract if they will let you withdraw.

No, No, No...maybe I didn't explain correctly. Of course it would be meaningless if I just wrote that on the contract and did nothing with it. However, I wrote that on the contract, then PRESENTED it to the agent. The agent read it, agreed and THEN HE SIGNED AND DATED IT. Now, the contract is in fact void, right?

The various states that I have worked in, the listing agreement is with the brokerage firm, not the agent directly. You may want to call the broker of the firm, explain the situation, and ask them for a complete release.

Thanks for your response, that is my concern. However, nowhere on the contract is another signature except for the broker. So, are you saying that he would have a specific form that is a release? Then, this form will sever all relationships that we have together?

In almost every State, All listing belong to the Brokerage not to listing agents.... only the Brokerage can release you from the listing.

If you withdraw you can still be liable for commissions if you sale prior to termination of the contract. A withdrawal is not a termination of the contract.

Depending on your relationship with the Brokerage, they may allow you to terminate for a fee which is often covered in your contract. This is to allow them to recover cost of marketing. If you have a poor relationship, brokerage may require Specific Performance which has a very large number of potential impacts on your ability to sale and fees that could be due to the brokerage including full commissions payment in some rare circumstances.

A cool head will get better results, blow up and it will generally cost you dearly if your working with a mad broker.

I definitely have a cool head. The agent is actually a long time friend (my soccer coach and teacher in school). He is definitely level headed, too. He does it part time and I just want to make sure that he has me sign the correct documents. He doesn't seem to have all the knowledge of what he should do. I have used him for 2 previous purchases and one sale. That sale sold in a day, so he and I really didn't do anything, just plain luck. He agrees that I should be released. I just want to make sure that he does it correctly.

So, I should ask him for a "Release of Contract Form"? Is there a specific name for a form that I need to ask him for?

Sorry, I didn't read your question very thoroughly.

If he signed it also then you probably have a void contract no matter what the broker might say later or try to do.

Everyone that said all listings belong to the brokerage are correct but since an agent of the brokerage signed your "void and unenforceable" note on the listing contract I believe they would have a hard time doing otherwise at this point.

disagree... but it could cloud the issue

an agent could agree the the contract was now a bird and it should not mean anything since in most areas... he has no authority to terminate what is not his.

In Mi we use a status change form from the MLS service to uncondionally withdraw listings. These are signed by the seller and the broker showing that the broker has released the contract, there is also a conditional withdrawal which means that the seller is still under contract with the broker.

In Texas the broker does not have to sign anything to terminate a listing agreement. The principal and agent initiate the agreement, and they can just as easily terminate it. In fact the termination is a lot easier and is only a 1 page form.

Would the way you handled it suffice? Probably, as intent is a big function of contract law, but I bet there is a promulgated form or some standard form to terminate a listing agreement.

You *do* realize that ther term "agent" means that the agent is an agent for the broker, right? The real estate agent enters into a limited agency agreement with the broker that basically says the agent is allowed to sign contracts for the broker in specific circumstances.

Typically the broker is an agent for the client, and the Realtor salesperson is an agent for the broker. Not to put too fine a point on it, but this is an extremely fundamental issue and you should be thouroughly familiar with it.

Typical agency: client -> broker -> agent

contrasts with...

Typical lines of communication: client -> agent -> broker

Texas must be the exception to the rule. Most other states it is the broker of record for the office that must release agreements. Which is the way it should be as the listing belongs to the brokerage and not the agent.

In most places the brokerage (firm) is the agent; Texas may be an exception.

From a practical point of view however how would you like to be the broker of record and try to collect a commission from a seller after one of your agents had signed the listing agreement where the seller had written in great big letters: "VOID AND UNENFORCEABLE"???

"Gosh your honor, I don't know why my agent would sign that, he wasn't authorized to but he did anyway and................................. "

I agree, Jim, and I was surprised the first time I saw the form and thought "wow I can't believe the broker doesn't have to consent to the termination of listing."

Technically the broker does have to consent since most listings are taken in the name of the brokerage firm who is actually the 'agent'.

Realistically however it would be tough to enforce after one of your agents signed off on canclling it.

Each broker may be different too. Listings are taken in the name of the broker, but I believe my broker lets us terminate without really passing it through her first.

I do know other brokers who want to sign off on terminations. I'm not sure what will happen if the agent simply terminates without going to that broker first.