My realtor sucks ass - what's my recourse?

[HarryCaray]

Carryover situation from another thread where I asked about a realtor.

Selling my house in Illinois, I live in Alabama. Had a tenant in there, he moved out June 30th. I arranged to have the house professionally cleaned, carpets cleaned, landscaping done on the yard, new breaker box put in, some other shit. Signed an exclusive right to sell with a realtor that states it is good until 11/26

House went on market one month ago.

• House was originally put on Zillow and all other home sites with a horrible generic description. I complained about it, nothing changed. I ended up re-writing it myself and emailing it to agent, he finally updated them all with my description. Really, I have to write my own fucking description so it doesn't sound like it was written by a 3-year old?
• Pictures are in a dumbass order. Front yard, bathroom, then front yard again, then back yard, then spare bathroom. They aren't in the right order, I complained and suggested a logical order that gave it more of a virtual tour feel, got no results.
• The only showings so far, as far as I can tell, were initiated by buyers' agents.
• There have been no open houses, and no known marketing beyond slapping it on Zillow with a generic description.
• I was getting showing feedback that the house stunk. Previous tenant had dogs. I haven't had a chance to walk through it since it was cleaned, as I live 700 miles away. But my dad lives in the area, and I had him walk through it. He agreed that it stunk and also it was dirty.
• Realtor said he has done "everything he can do" about the smell, which as far as we can tell consisted of putting a $3 air freshener in the living room. Said that maybe I should consider dropping price or re-painting with odor blocking paint.
• We got a family friend in there that happens to be a painter to look at what needed to be done.
• Painter went through the house, found junk and garbage in every closet. Found fridge and stove a mess. Bathtubs dirty. Shit like that. Carpet wasn't properly cleaned. I used realtor-suggested companies for all these cleaning services. It is the realtor's job to ensure that the place is in show-ready, especially with an absentee owner, right?

I have now paid to have the place re-cleaned and the carpets redone, by companies I trust. Have had 3 people walk through there and they all say the smell is gone now.

They hauled 8 contractor bags of trash out of the house. Every closet, cabinet, etc had junk in it. I specifically asked realtor about this before the house went up and was told "the place looks great, it's in great shape".

What is my recourse on this realtor? I'll be god damned if I'm going to give him 7%. He isn't doing jack shit. His involvement up to this point could best be described as gross negligence. I've now wasted 4 weeks, and had at least 6 potential buyers that walked away, potentially because the place apparently looked like a shithole.

I also feel like he's pressuring me to drop the price instead of putting the effort into properly marketing it and ensuring that it is show-ready. I guess that's an easier way to make a buck, right?

PS realtor is a childhood friend. IDGAF about firing him if I can, just might explain why he was given so much trust to begin with.

Advice?

 

[KingEleven]

I'm taking off for the night, but will ask my Wife in the morning, she is Realtor

 

[HarryCaray]

I'm taking off for the night, but will ask my Wife in the morning, she is Realtor

Thanks man

 

[KingEleven]

Thanks man

of course, she is also a real estate paralegal, she knows her real estate shit!

 

[Enfuego]

He works for you. Friend or not, business is business. I'd call his boss.

 

[HarryCaray]

He works for you. Friend or not, business is business. I'd call his boss.

Yeah, agreed. I have zero problem firing him if I can.

That's the question. I signed a standard boiler-plate exclusivity contract. I was hoping there was some out clause in there but I don't see one.

I'd like to at least leverage this into a lower commission. Reparations for a lost month and potential lost buyers. But I can't really do that if I have no leverage, which I don't have if there is no way out of the contract.

 

[Enfuego]

Yeah, agreed. I have zero problem firing him if I can.

That's the question. I signed a standard boiler-plate exclusivity contract. I was hoping there was some out clause in there but I don't see one.

I'd like to at least leverage this into a lower commission. Reparations for a lost month and potential lost buyers. But I can't really do that if I have no leverage, which I don't have if there is no way out of the contract.

Well all that and you lost a month of inactivity which eats into your optics of it possibly being overpriced etc. BTW-I think open houses are way overrated. I never care if my agent does one or not.

 

[HarryCaray]

Well all that and you lost a month of inactivity which eats into your optics of it possibly being overpriced etc. BTW-I think open houses are way overrated. I never care if my agent does one or not.

Fine, open house, no open house, idrgaf. But put some effort into marketing it.

If all you are going to do is drop it on zillow, at least put a legit description on it and put the fucking pictures in a sensible order.

My house is in a neighborhood literally steps from 2 schools (one public, one catholic). July was a critical month for us to attract people wanting to get into that coveted school district between school years.

I can't even quantify how much losing this month has hurt my cause financially here.

Paying for the vacancy, paying to have everything re-done, probably losing some negotiation leverage, might have to drop the price, have already turned away potential buyers who were eager to get in only to find it a shithole, bad word of mouth, school year starting back up...uggggggggggh

 

[Enfuego]

Fine, open house, no open house, idrgaf. But put some effort into marketing it.

If all you are going to do is drop it on zillow, at least put a legit description on it and put the fucking pictures in a sensible order.

My house is in a neighborhood literally steps from 2 schools (one public, one catholic). July was a critical month for us to attract people wanting to get into that coveted school district between school years.

I can't even quantify how much losing this month has hurt my cause financially here.

Paying for the vacancy, paying to have everything re-done, probably losing some negotiation leverage, might have to drop the price, have already turned away potential buyers who were eager to get in only to find it a shithole, bad word of mouth, school year starting back up...uggggggggggh

Agree with all.

 

[Bourn]

What company does your friend work for?

Did you sign a contract? If so, what was the duration of the contract for the company to sell your home?

 

[HarryCaray]

What company does your friend work for?

Did you sign a contract? If so, what was the duration of the contract for the company to sell your home?

Keller Williams

Yes

November 26th

 

[ERockMoney]

Yeah, agreed. I have zero problem firing him if I can.

That's the question. I signed a standard boiler-plate exclusivity contract. I was hoping there was some out clause in there but I don't see one.

I'd like to at least leverage this into a lower commission. Reparations for a lost month and potential lost buyers. But I can't really do that if I have no leverage, which I don't have if there is no way out of the contract.

I believe the contract is between you and the agency, not the realtor, so you should be able to replace the realtor with just a phone call to the agency describing the situation. I would assume any quasi-legit agency would be appalled by the feedback and address your needs/concerns with a more experienced resource. Unfortunately, the issues you are having are not uncommon as the realtor industry is flooded with boneheads who couldn't make it elsewhere and were attracted to the ease in becoming a realtor and the potential for big commissions from very little work.

 

[pocketrockets]

damn thats fucked up, guy literally has done shit to sell it... yep you should be able to fire him, if he is a friend he needs to understand that doesnt relieve him from being responsible

 

[pocketrockets]

I believe the contract is between you and the agency, not the realtor, so you should be able to replace the realtor with just a phone call to the agency describing the situation. I would assume any quasi-legit agency would be appalled by the feedback and address your needs/concerns with a more experienced resource. Unfortunately, the issues you are having are not uncommon as the realtor industry is flooded with boneheads who couldn't make it elsewhere and were attracted to the ease in becoming a realtor and the potential for big commissions from very little work.

if he is a friend or an old acquaintance talk with first, scold him if necessary... don't understate your disappointment... tell him you need him to delegate the case to someone else cause you no longer trust his effor.

 

[Bourn]

All communication with your friend needs to be documented through email. Send him an email tonight addressing your concerns and dissatisfaction. Allow him to respond within a said time frame. Once he does and its still not to your satisfaction then i would contact his superior by phone call then follow up with an email. Long story short you can fire them. His higher up will get involved because they will have to rescind the contract and remove themselves as the listing agent on MLS.

 

[HarryCaray]

Again, I have zero problem telling this motherfucker how I feel, and replacing him if I can. I relish the opportunity. I'm looking forward to the conversation.

I just want to know what all my options are, and how to best leverage the situation. Can't buy leverage with empty threats.

 

[Bourn]

Again, document your dissatisfaction with his service through email. List your reasons why you are not happy. Let him know you no longer want his service and ask when they can remove themselves as your listing agent.

 

[Enfuego]

All communication with your friend needs to be documented through email. Send him an email tonight addressing your concerns and dissatisfaction. Allow him to respond within a said time frame. Once he does and its still not to your satisfaction then i would contact his superior by phone call then follow up with an email. Long story short you can fire them. His higher up will get involved because they will have to rescind the contract and remove themselves as the listing agent on MLS.

No, you can't just fire them and move on. That's not how a contract works.

 

[MattyMatt]

Again, I have zero problem telling this motherfucker how I feel, and replacing him if I can. I relish the opportunity. I'm looking forward to the conversation.

I just want to know what all my options are, and how to best leverage the situation. Can't buy leverage with empty threats.

Diets got someone cranky! You know I'm kidding...

all jokes aside, I'd be pissed off as well. Tell them mothers I ain't paying 7% either! That's steep anyways. The schools you mentioned is huge, and should've help sell it quickly, especially in this market. Good luck, fuq em up...

 

[HarryCaray]

Diets got someone cranky! You know I'm kidding...

all jokes aside, I'd be pissed off as well. Tell them mothers I ain't paying 7% either! That's steep anyways. The schools you mentioned is huge, and should've help sell it quickly, especially in this market. Good luck, fuq em up...

Yeah so if I say "here is why I'm dissatisfied...blah blah blah...I no longer feel that 7% commission is commensurate with the effort or lack thereof that has gone into marketing the property at the critical stage of the sale. The commission needs to be dropped to 5% or............."

That's the problem I'm having. I don't have any leverage because of the contract.

My understanding is the best I could do to "stick it to him" is refuse to do a price drop and tell him he has to get a full-price offer in order to get paid. Which probably won't happen, and I'll continue paying double mortgages until November, and then have a stimatized property that has been on the market for 5 months, have to find a new realtor, and start over. Doesn't sound like a win for me.