10 days after signing a listing contract, I changed my mind, and I asked for a cancellation of contract.
Kenneth ,Max, and Jack, the listing agents, ignored my multiple request for a cancellation of contract and still listed my property online even after emailing them multiple times not to.
They are totally ignoring my request for a cancellation while my property is online, causing my tenants to start giving me a 30-day notice to move. They want a full commission for damages.
They are doing a total disservice to me.
Unethical Behavior
Beware
I had to add this picture to show my property online with the Brokers email comment below to me.
Simon
Jack and Ken looped me in here. We understand you have requested to cancel the listing. We attempted to reach you yesterday to discuss. We believe it's important for us to understand each other's positions so we know how to best mutually proceed and work out any perceived issues together.
But, you certainly don't have to explain yourself to us if you choose not to. Ultimately, what matters is the written agreement between us, which to the best of our knowledge we have honored in full up to this point, and which you are now reneging on.
As you know, Jack, as well as our marketing manager, Desirae, and Ken have all spent considerable time up to this point working through your various requests and iterations of the marketing materials in preparation of fully exposing the property to market. That is in addition to direct labor costs for internal staff and vendors, as well as the opportunity cost of the time we have all spent so far.
Under the terms of the agreement, we were fully prepared and excited to market the property, generate offers, and eventually earn a commission on the sale. That in addition to the potential to work together on any ensuing 1031 exchange, would yield significant revenue to us that we may need to forgo if we are prevented from moving forward.
The listing agreement does not provide either side with a unilateral right to cancel. That is a decision needing to be made by mutual agreement. By reneging on the agreement and preventing us from marketing the property, you are breaching the agreement, which may result in damages owed to us, and you may be liable to us for a commission.
With that said, we are not unreasonable people, and we are open to further discussion on the following paths forward:
1) We will agree to cancel the agreement for a cancellation penalty of some percentage of the listing price that accounts for our time and money spent thus far, in addition to the opportunity cost of us forgoing a full commission on the sale.
2) We can proceed with marketing and generating offers as per the current agreement and work out any issues together.
3) Ultimately, if a formal dispute under the agreement exists, then we are required to submit to mediation per Section 21 of the agreement. So that is an option as well.
If we are not able to quickly come to an agreed path forward, we may be obligated under the current agreement to perform as such, and therefore pursue damages for compensation owed to us, which may entail you owing us a full commission as damages for failure to put forth a good faith effort to sell the property.
We look forward to discussing and finding a mutually agreeable path forward at your earliest convenience.
Max Delbecq, MBA (DRE #01964069)
President & Broker
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