I listed my salon with an agent on May 05, until now I dont even have one offer on the shop. I consider my shop is small but decent. The price is also considerable. I called my agent to cancel her, because I dont think she do her job. She told me that my contract doesn't end until december 31 o5. That's like 8 months of listing. At the time of signing the contract, she does not explain to me the information on the contract, she just wrote down a few things and ask me to sign it. If I knew that it's take 8 months I would not agree to it. Now she ask for $1500 to end the contract. Please advice. I dont understand about the rules about the responsibilities of the agent should do. I think she should advice to me, if not the contract should be void. Thank u

If I'm reading your post right, you've signed a listing agreement with an agent who you feel is not performing, based on the lack of a purchase offer.

Ok, that's understandable. Tell me, is your agent doing what she said she would? Is she advertising your property as she said she would in the agreement? If she is, it doesn't sound like you really have a case to cancel your agreement early.

The fee she is demanding to cancel your contract is her protection against an unscrupulous buyer approaching you directly and offering to buy your property without your agent. This is a somewhat standard clause in most listing agreements, and protects you as well. It ensures you are represented by a professional with your best interests at heart.

Your complaint is that you don't have an offer after 4 months of listing your home. Have you considered lowering your price? Have you considered making other concessions? The primary reason a property doesn't sell in a timely manner is it is overpriced. Has your agent given you a fair market value for the property? Are you following that recommendation? Are you offering a fair incentive to the buyer's agent? In this area, many (Most?) buyer's agents will ignore a property if they aren't making at least 3% on its sale.

The other thing to consider is determining if 4 months is really excessive for your area. In my area, the AVERAGE listing period for certain property types is 90 to 120 days or more. That means half the properties on the market will take more than 4 months to sell.

On the other hand, you might actually have a problem. If your agent isn't listing and advertising your property adequately, it won't sell. What is she doing to list your property? Does she get paid if the property doesn't sell?

Good Luck!

Btw, please don't consider anything I say as legal advice. Real Estate Agents aren't permitted to give legal advice. You should discuss any legal questions with a reputable lawyer familiar with Real Estate Law.

It is your responsibility to read the contract and ask questions.She is not allowed to interpret the contract for you only an attorney should do that.As far as terms of listing she should have told you that if you were concerned and you should have asked.Do you always sign things without reading or knowing what you are signing? 8 months is not a unreasonable amount of time for a business listing I get a year.They are very difficult to sell.She may have spent 1500.00 marketing your business already and seeks to get her investment back.I do not know her motivation.You said yourself that the price is set too high. Your in control of that not your agent.perhaps you need to discuss this with your agent and figure out and resolve the problem 4 months and no bites ? Why? There is a reason fix it.If your not motivated to sell it no one will be motivated to buy it in most cases.Sorry I cant tell you what you want to hear only the facts.

A few things...

Speak to the agents broker and explain your situation, demand a copy of the listing agreement, and documentation of advertising and marketing done on the property.

If needed, have the contract reviewed by an attorney. Offer to protect the agent/broker on any identifyable potential buyers for the property.

Finally, I think the previous comment that a property seller should not expect to have the real estate agent summarize the contract so the basics are understood is just wrong. If there are questions about the duration of a listing agreement that is something that should have been made clear by the agent. The we aren't laywers comment is a cop-out.

With that being said, I am not a lawyer. But on it's face, this is not a legal question, it is largely a customer service question.