Listed with an agent but I found the client. Help?

7 Replies

Hey everyone, so about a month ago, I listed my property with a realtor. The realtor has not even had a showing. All he did was posted it up for sale in the MLS and took photos, with his iphone to post. I trying to be proactive I went ahead and also posted it up for sale on Facebook and told people about it via word to mouth. I have found a buyer who is interested. I showed him the property since my realtor was on vacation last week. Is there anything I can do to get out of the contract with the realtor and sell the property by owner since I did all the work. It doesn’t seem fair that I still have to give 6% up for nothing. I mean I guess he tried and took pictures, but is that even worth 6%? I don’t think so, especially since he went on vacation for two weeks. Thoughts?

Hi @Allan Calderon,

Read through the contract you signed with the agent carefully to see if there is anything you can do.  Unfortunately if you signed an exclusive right to sell with the agent, then it probably says that even if you procure a buyer on your own you will owe the listing agent the 6%.  

Out of principle, it doesn't seem right that you would owe an agent 6% for a buyer you found (also I'm assuming the buyer doesn't have a real estate agent?).  Maybe you can have a discussion with your agent to pose a hypothetical like "Hello agent, I have some extra time on my hands and wanted to get your thoughts on this.  I want to reach out to friends and acquaintances to see if anyone is interested in buying my property. If I find a buyer on my own can the commission fee be reduced to X%?"  

Depends on what your listing contract says, what state you're in, etc. Read the contract, talk to the listing agent and see if they understand where you're coming from, and consider consulting a lawyer.

You have an existing contract that obligates you to pay the REALTOR, regardless of who found the buyer. The right thing to do is own up to the terms of that agreement. You can can attempt to negotiate something different with the REALTOR, and I highly recommend doing that, but they are under no obligation to change the terms.

@Nathan G. Oh I agree with you they don’t have to do anything. However, the contract for sailing a property is technically only for a time period ( in my case 6 months). So if the property i could technically take the property off the market (as that Is mY rIght) and wait until the contract time period expires, and then sale it by owner. Correct? That is assuming that the buyer is willing to wait the six month period.

That's not quite true. Most listing agreements have a clause that says you still have to compensate the agent if you sell the property within XXX days of expiration IF the person found the house while it was listed with the agent. You should carefully review your contract and understand your obligations.

You agreed to sell it through the agent regardless of who found the buyer. If you feel the agent owes you a discount because you found the buyer, that's a discussion to have with the agent. Contractually, you are obligated to pay their fee. Asking the buyer to come back after your contract expires is a violation of the contract and I find it immoral.

Originally posted by @Allan Calderon:
@Nathan G.

Oh I agree with you they don’t have to do anything. However, the contract for sailing a property is technically only for a time period ( in my case 6 months). So if the property i could technically take the property off the market (as that Is mY rIght) and wait until the contract time period expires, and then sale it by owner. Correct? That is assuming that the buyer is willing to wait the six month period.

If your agent isn't performing his job, speak with him about it. Tell him you expect better photos (if the ones he took aren't good), real marketing, and how he plans to sell your house, not just stick it on the MLS. Read your contract but assume you can't find your own buyer and remove some the agents fees at this point.

Hi, 

You were supposed to discuss this possibility with the agent beforehand. If your agent didn't do what he promised, you should have asked for unconditional release. Here is a sample of what real estate agent must do to sell a property: https://www.sellhomesinbrooklyn.com/sell-my-house-brooklyn/ but now based on the contract you have to pay his commission. I would advise to talk to your agent as a human to human and find a solution that would satisfy both of you. Real estate agents also human beings and if you talk to them with respect they act accordingly.