I am recently listed with a large well known agency since April 2009. I recently asked my agent to take my house off the market, he informed me I was bound to the 7% comission regardless. I checked my contract and the language is there. However when I talk to friends and clients represented by the same agency who did the same (remove listing) they were not charged. Do contract vary?

When you asked him to take the house off of the market he did not give you an unconditional release. That means if you sell it you owe him a commission. When the listing expires they might have additional days if you sell it you will owe them. When it expires you can list it with somebody else and that will take care of the additional time on the listing agreement or you can ask for an UNCONDITIONAL RELEASE.

No he was very adamant about no unconditional release, which we thought was a hard line approach. This would be acceptable terms if he offered. I sought legal advice and was told to cease communications with the broker and explain our concern with the agency co. They were open and willing to hear us out. They said t hey would be getting back to us. I suspect they are going to either grant us leniency or take us to court.

I've never heard of someone being held to a sales commission when there was NO SALE!  I'm sure this will work itself out, as Marge had said it probably has something to do with a situation where you sell it after deciding not to work with them.  Since you're just taking it off the market, they shouldn't be able to hold you to that, I believe that would be a violation of the Code of Conduct for Realtors.  And don't consider it "granting us leniency", they are snakes for even putting that in the contract!

what state r u in? You do not have to pay them unless you sell it before the contract time is up. Look up the state real estate commisssion and call them and ask them.  I have had a Real estate liscense since 1985 and i have never seen anything you can't get around.

I spoke with two layers, because the listing agreement has the language stating a request to remove listing we are held to pay, lawyers are telling me I don’t have a leg to stand on. We stopped communications with the broker and spoke with the agency manager. He basically mediated between us and the broker. We talked them down from $14K to $7K finally agreed to an unconditional release for $1,500. We are taking the deal just to get this behind us. Have sold properties with other agencies and have never had such a horrible experience. Shame on me for not reading the fine print. I have not found one person to include the blogs here were anybody has been held to commission for not selling their house.   I wanted to take a code of conduct approach but lawyers said small chance. New trend? Sellers beware.

Thanks for all the good info.

what Real Estate Co was that!!!!!!! The Rules and contracts are usually written by the state and Real Estate attornies and are the same throughout the state. I still think you were taken advantage of, Bad Business from that company

Sorry to hear that Robert, what a horrible way to do business. 

“New trend? Sellers beware.”  Robert while it’s true you should have read the fine print, it sounds like you are getting a bad deal. “We talked them down from $14K to $7K finally agreed to an unconditional release for $1,500.” Signing this may present a legal problem, where as I would have (and still would) go to the real estate commission in the state that you live in. In a time where one of the biggest things keeping the market down is a lack of consumer confidence in the industry, these are not the stories I enjoy hearing.

Long Realty in Tucson AZ.