Hi everyone,
I am in the process of selling a property and get really frustrated by my selling agent. I only noticed that they are not professional after I signed the selling agent agreement with them.
I signed the agreement with them 1 week ago and the agreement states that they have the sole right to sell my property within 10 weeks. Can I terminate this agreement earlier or give my property to another agent to sell now? I also have a family member who wants to buy the property from me, if I sell it to him, do I still have to pay commission to the agent?It is my first time to sell, it is obviously not an easy and nice process as buying.
Thanks a lot for your help!viv
When you say 'unprofessional', what exactly do you mean?
You're pretty much bound by the contract, unless they have breached it in some way.
They only put the ad up in domain.com.au, I requested them to put the ad up in realestate.com.au, they ignored my request and just told me the two websites are the same. I also asked them to include the current rent in the ad to attract investors, but they ignored my request again and refuse to include it in the ad.
Before I signed the contract with them, they said that they can guarantee to sell the unit at 600k+, I told them I think 600k is too ambitious, I am happy to sell it at just under 600k, as long as I receive 580k in hand after commission, I am happy. Again, they ignored my request and listed the property for 620k. I am very unhappy about it because all I want is a quick sell at fair price, no one will want to inspect it at such a high listing price.
Now they had the unit open for inspection a couple of weeks, they now tell me they over-estimated the price, they can only sell it at 550k, so after the commission, I will only receive 520k. In the mean time, they still haven't changed the asking price in the ad.
A same unit in my building was just sold 580k several days ago by another agent, it is smaller than my unit and it's on a lower floor with lots of noise.If I wait for the 10 weeks contract with them to expire, can I assign another agent to sell it?
Thanks.
this is very typical of many agents, get you in on a high priceguide Then condition you down ‘because the market has changed’.
Unfortunately you are stuck with the agent for the term of the agreement unless you mutually agree to terminate but it may still cost you marketing & fees.
Unless you are desperate to sell, make the agent work for their commission ie do not accept less than the amount that they have put on the agreement. If they realise that you will not budge, Then they will either walk & break the agreement or work for their fees. If you or another agent sells during this period, you are liable for dual commissions.
What is in your agreement with regards to marketing? Did you get a marketing plan? Did it show only domain.com.au or Realestate.com.au as well &/or newsprint as well?
also, knock back any offer below your asking price.
Yes you can appoint another agent after 10 weeks but terminate the current agent.
Thanks for the tips Scott! in my agreement, the agent will pay for the marketing fees, they will deduct it from their commission after sale.They didn't mentioned in details where they will market it.
I thought at least they should change the asking price and amend the ad according to my request? I've no idea why they won't do it.No good!
They can easily change the advert, we made our agent changes our ads a few times. Considering internet advertising is a couple hundred dollars to go on the 3 main sites that is pretty poor.
Put the request in writing.
Seems like laziness really not changing an ad.
D
DWolfe | www.homestagers.com.au
http://www.homestagers.com.au
Email Methis is quite common, once you give them permission they just do what they think will get them the biggest dollars or quickest sale, depending on what they want.
tips when doing this again is to know about exclusive listings, negotiate their commission especially if they have exclusivity,
some request you cover advertising costs, or in your case they do. you should request a marketing strategy and the breakdown of the advertising costs in either case so you know what to expect and where it will be advertisied and how.
everything is negotiable prior to signing,
After signing you either need a mutual agreement to break it, or if they violate the terms.
You can still request the strategy and breakdown of costs, and compare that to what they have done. and go over the contract you have and look for violations.You can still contact them and just let them know you are not happy with how they are handling your property, and ignoring your requests. lots of people in the property industry, agents, tradies etc will try bully you, and get you to sign contracts or not listen to you after you have. but know your rights and legal info, and what you should know before getting an agent. and fight for what you want. preferably before contracts are signed.
I hope it works out for you.
illuminati,
just looked at ur blog, dude the hair colour!
D
DWolfe | www.homestagers.com.au
http://www.homestagers.com.au
Email MeThanks a lot Illuminati! I agree it is true that before signing they were all proactive and nice, then they change face as soon as I sign the contract paper. this is definitely a learning experience for me and i'll be more careful next time.
Dwolfe, you are right, they are just too lazy to amend the ad, it probably only take them 2 minutes to login the website, change a number and add half a sentence, but they won't do it unless I keep calling them 5 times a day.
I'll definitely never deal with this agent again, they don't deserve their commission at all!DWolfe wrote:illuminati,just looked at ur blog, dude the hair colour!
D
cheers,
i get paid to dye mine and other peoples
. i got youtube channels etc that make money from all that stuff too!Ummm, what, money for what?
$$ ??
D
DWolfe | www.homestagers.com.au
http://www.homestagers.com.au
Email Methey send me out free hair dye from america, i make a video of me dying my hair, or other peoples. and they give me a percent of profits from the company as well as the free dye and other merch.
Basically they use me as advertising.Love it!
Wished someone paid me to dye my hair when I was a whipper snapper
D
DWolfe | www.homestagers.com.au
http://www.homestagers.com.au
Email Medanviv1 wrote:…they don’t deserve their commission at all!Hold tight on your price afterall it is on your agreement. If marketing is paid by the agent, you have no control over it, so you may have to trust the agent’s judgement on both the price advertised and their strategy. If they advertise it for less, they can’t negotiate the price upwards.
. i got youtube channels etc that make money from all that stuff too!
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