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Rainmaker
3,473,469
Nina Hollander
Coldwell Banker Realty - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

Of course, as you posted anonymously, I don't know where you are located. Hard for me to understand how you have a "client" who is legally a client of another agent. Unless you are only a buyer's agent in this case. Legally this person is obligated to current listing agent, but he should ask the agent's broker to fully release him from the contract if he can prove that agent is not really "doing his job." If the current agent is performing properly, it's hard to understand why this person would want to breach a contract just to list with someone else or why he should be released. A contract is a contract at the end of the day.

Mar 24, 2016 10:58 PM
Rainmaker
2,550,732
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Any  contract can be breached...Count the costs and mark the cause

Mar 24, 2016 10:23 PM
Ambassador
1,304,692
Susan Emo
Sotheby's International Realty Canada - Brokerage - Kingston, ON
Kingston and the 1000 Islands Area

For me, the magic word is "contract".  There are some Realtors who release Sellers from contracts prior to the expiry.  I am not one of them. 

Mar 24, 2016 01:08 PM
Rainmaker
1,081,900
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

How can you have any client? If another agent already signed an exclusive listing contract with him already.  You have no agency relationship. 

 

Mar 24, 2016 12:44 PM
Rainmaker
1,838,992
Evelina Tsigelnitskaya
SIB Realty - Sunny Isles Beach, FL
www.SIBRealty.org 305-931-6931

Always there is a way to get out 

Dec 03, 2019 11:42 PM
Rainmaker
1,384,965
Valeria Mola
SIB Realty - Miami, Sunny Isles Beach - Sunny Isles Beach, FL
305-607-0709 SIB Realty Condos for Sale and Rent

Great answers you got. 

Best of luck.

Dec 03, 2019 05:44 PM
Rainmaker
3,643,588
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

Depends on the wording in the contract.

Depends on the broker, not the agent.  

Mar 25, 2016 12:31 AM
Rainmaker
1,027,155
Susan Haughton
Long and Foster REALTORS (703) 470-4545 - Alexandria, VA
Susan & Mindy Team...Honesty. Integrity. Results.

The answer is in the contract he has with the listing brokerage. 

Mar 24, 2016 10:26 PM
Rainmaker
815,765
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

Refer to the cancellation provision printed in the contract that the homeowner signed.

Somehow, I think you should know this already if indeed you have license to refer to this one as a client.

Mar 24, 2016 10:25 PM
Rainmaker
4,432,756
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

He has to read his contract.

Mar 24, 2016 09:18 PM
Rainer
42,470
Fred Hafdelin
Weichert Realtors - Mountain Lakes, NJ

The contract is with the Broker not the agent. The broker can either replace the agent with another agent thats licensed with the broker or can agree to terminate the contract.

Mar 24, 2016 08:50 PM
Rainmaker
803,744
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Ahhh . . . we all get people who are having problems with some other agent, some other broker, a situation that is outside our scope . . . it's hard to not help them, but the seller needs to consult with the written agreement, the managing broker and legal counsel.

Mar 25, 2016 12:52 AM
Rainmaker
3,064,584
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

What Annette Lawrence , Palm Harbor, FL 727-420-4041 said...

Mar 24, 2016 10:53 PM
Rainmaker
1,230,818
Mary Yonkers
Alan Kells School of Real Estate/Howard Hanna Real Estate - Erie, PA
Erie/PA Real Estate Instructor

Ms. Anonymous, read the contract.

Mar 24, 2016 10:50 PM
Rainmaker
634,116
Kathleen Luiten
Resort and Second-Home Specialist - Princeville, HI
Kauai Luxury Ocean Home Sales

It depends on the terms in their contract. Otherwise only if the listing brokerage agrees to release him.

Mar 24, 2016 06:29 PM
Rainmaker
1,157,329
FN LN
Toronto, ON

Reference to the T&C of the contract would be necessary.  It may be necessary to refer to legal counsel.

How is your client a client of yours when you state that the client has the house listed with another agent?

Mar 24, 2016 05:33 PM
Ambassador
4,306,524
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

This is an attorney question - and if the listing agreement has 'exit' clause, it may be possible - again, check with attorney.

Mar 24, 2016 04:12 PM
Rainmaker
1,839,743
Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker in DC, MD, VA and attorney in DC

good luck getting an answer to this question

Mar 24, 2016 01:12 PM
Ambassador
1,615,462
Harry F. D'Elia III
RentVest - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

It would be better discuss with your current broker how to proceed.

Jun 18, 2016 08:48 AM
Ambassador
4,704,155
Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

First thing he should do is let his agent know that he is unhappy, most people will release you from the agreement.

Mar 25, 2016 05:47 AM
Rainmaker
1,300,462
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Read the listing agreement very carefully and consult with a lawyer.  That's your best bet.

Mar 25, 2016 04:31 AM
Rainer
2,840
Joann Carolus
J. Carolus Homes - Oneonta, NY
Serving Otsego & Adjacent Counties

It depends. I would check with S.C. State regulations, and refer him to his attorney.

Mar 25, 2016 03:24 AM
Rainmaker
771,622
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Only if there is a good reason, not because he remembered that you exist and want the business.

Mar 25, 2016 01:56 AM
Rainmaker
3,423,513
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Depends if the agent will give him a release of the listing contract.

 

Mar 25, 2016 01:44 AM
Ambassador
1,526,947
John McCormack, CRS
Albuquerque Homes Realty - Albuquerque, NM
Honesty, Integrity, Results, Experienced. HIRE Me!

If someone wanted out I'd say we're done.

Mar 25, 2016 12:10 AM
Rainmaker
5,813,319
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Go by the terms of the agreement.

Mar 25, 2016 12:02 AM
Rainer
5,608
Angie Milinazzo
What's Next-Realty - Thornton, CO
It's not about us, It's about YOU!

I am not guiding him to do so, I just didn't know if the laws were different in different states. I have told him to stay with his broker however he is so upset with the agent that he want out of his contract. Thank you.

Mar 24, 2016 11:52 PM
Rainmaker
1,607,392
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg Real Estate

In IL, he has to give 30 days notice in writing but the initial term must be up also (90-120 days).

Mar 24, 2016 11:43 PM
Rainmaker
3,412,563
Richard Weeks
Dallas, TX
REALTOR®, Broker

Agency relations can be terminated at any time; however there could be some performance issues if this seller does not have a good reason to terminate.  I would never advise someone how to terminate an agency relationship.

Mar 24, 2016 10:17 PM
Ambassador
3,282,895
Paul S. Henderson, REALTOR®, CRS
Fathom Realty Washington LLC - Tacoma, WA
South Puget Sound Washington Agent/Broker!

 First are you licensed in South Carolina ??

Mar 24, 2016 02:03 PM