Can I Fire My Real Estate Agent?

: Richard Montgomery on Nov 26, 2024

Dear Monty: My real estate agent bullied me into three price drops in 10 months, citing her experience. She practices with a license but under a prior company that shows as permanently closed with zero listings. She is a member of MLS but not a member of the National Association of Realtors. She disappears for weeks at a time and brings in part-time agents without customers but does not introduce me; it appears that my property is her only exclusive listing, and she claims to work with multiple agents and customers. The only property she has advertised during our contract is mine, with photos that I undertook to have professionally supplied. She is argumentative, and from time to time, I smell pot from her car and clothing. The main issues are the devaluation of my home and multiple absences. Can I fire her with two months left on our contract?

Monty's Answer: First, listing agents have a fiduciary duty to represent your best interests and maintain professional standards of conduct. The concerns you've raised -- including possible impairment while working, unauthorized delegation of responsibilities, lack of proper communication and questionable business practices -- all potentially violate this fundamental obligation. The fact that she's operating under a permanently closed brokerage is particularly troubling and may violate state licensing requirements. This fact alone merits immediate investigation by your state's real estate commission.

Regarding price reductions, while market conditions sometimes necessitate adjustments, these should be supported by concrete data and discussed collaboratively, not forced through bullying tactics. An agent should provide a comprehensive market analysis to justify any recommended price changes. Multiple unexplained absences and bringing in agents without proper introductions violate professional protocols and potentially your listing agreement.

The marijuana use you've detected is concerning on multiple levels: It raises questions about professional conduct and potentially legal liability if she's operating under the influence while representing your interests. You absolutely can terminate the listing agreement before its natural expiration, but you'll need to follow the proper procedure:

No. 1: Review your listing agreement carefully for early termination clauses.

No. 2: Document all instances of unprofessional conduct, lengthy unexplained absences and third-party agent showings without customers.

No. 3: Contact your state's real estate commission to report potential licensing violations. No. 4: Send a formal written cancellation request citing a breach of fiduciary duty.

Focus on objective facts rather than personal conflicts. Key points to emphasize:

-- Operating under a closed brokerage

-- Unauthorized delegation of duties

-- Pattern of absences

-- Incidents of impairment while working

-- Failure to provide proper market analysis for price reductions

-- Lack of other current listings suggesting possible part-time status not disclosed at contract signing

Because it sounds like she is the broker, take my answer with a grain of salt, as there are only so many details in your email. Consider consulting a real estate attorney who can review your documentation and advise on legal options for contract termination.

Moving forward, interview multiple agents and look at my website for advice on how to choose a real estate agent. Remember, you're hiring an agent to provide a service; you have every right to expect professional conduct, clear communication and dedicated representation in selling your property.

Richard Montgomery is a syndicated columnist, published author, retired real estate executive, serial entrepreneur and the founder of DearMonty.com and PropBox, Inc. He provides consumers with options to real estate issues. Follow him on Twitter (X) @dearmonty or DearMonty.com.

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