Legal Question in Real Estate Law in California

My house has been on the market for 4 weeks and I have not had any follow up by my realitor agent on any potential buyers. Come to find out that the reason is my agent is switching brokers and going to work for another company. Does this alow me the right to terminate my agent? Will I still be under contract with the Real Estate Co. I have signed papers with? My agent wants me to sign new papers with her, I do not know what to do, She has known about her job change for a while and has not been honest with me, can I fire her without paying any money to her or the Real Estate Co. I signed with?


Asked on 3/13/13, 10:49 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

That sounds fishy. When you signed, you actually signed with that agent's broker. The agent is just the agent of the broker. By going to a new broker, you may be causing a breach of your listing agreement with the original broker.

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Answered on 3/13/13, 11:02 am

I agree with Mr. Roach. Even though you sign with an agent, your agreement is really with the broker. Contact the brokerage she used to work for and demand that they get their top agents working on selling your house immediately. If they don't they may be liable for the original agent's failure to do anything to sell your house while she transitioned to her new job. As for the agent, tell her to pound salt.

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Answered on 3/13/13, 11:28 am


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