I do not list property, however I do list home buyers.  

I keep my listing agreements short, as I only work with motivated clients. So if we are not a good match, we part friends without a time investment.   If in doubt, I give it a shorter trial period. 

I have had only one person ask to be released and I charged her a fee to do a "buyout".  She turned so awful after making an offer that the seller refused to sell to her...seriously.

However, I look at a listing agreement as a contract.  If I have a contract with an attorney, a contractor or a dentist and they started some work that I was not happy with..,,DO YOU REALLY THINK THAT I COULD WALK AWAY FOR FREE??

Listing agent need to start respecting themselves and look at the value that they brought...was it worth nothing? You worked hard for 9 months...why not a fee to be released?  

Those agents that think they should void the contract in order to be "nice" so that the seller comes back or gives them a referral are dilusional.

The seller will quickly forget you and only love the agent that sells the house. 

Eve

If after you have had a frank discussion with the seller about why the house has not sold they still want to sell but not with you, I would refer them to another good agent and get a referral fee. They will get a new agent, which is what they want, and you get something for your efforts. I did this once with a seller and all ended happily for everybody.

This is not a common occuerrence but it does happen. I would ask for a timeout for a couple of weeks and re-introduce the property at a new price point (whether higher or lower), new virtual tour, new pictures and descriptions. Anything that sits around for 9 months is going to get stale to a degree. Breathe some new life into it then give it 60 days. If nothing happens it is mutually beneficial to part ways., 

Many showings.
Priced right.
Incentives.
Contract fals through.

It is clear this home seller is suffering great dissappointment and may be profoundly disillusioned. If the subject agent does not possess the skills needed, the listing will be lost.

The skilled agent will show that everything WAS working, the marketing WAS bringing buyers, the incenctive WAS influencial in engaging conversation. Such results, like any well tended garden will produce the outcome expected if the gardener is patient.

The one aspect that can not be influenced, the underwriting by the buyers lender is always a potential issue. The skilled agent will propose the solutions to this delima.

Finally, the skilled agent will weave into the conversation the 5, 6 or 7 of the seller and that rather than starting from scratch, maintaining faith in the process that is clearly successful, it the best option to 'move into the next chapter of your life.'

"Now, with all that you now know, what do you think is the best option for you?"

The home owner's response is the directive to take.

When we sign list agreements it's best to put in a fee the seller has to pay if they terminate early.  

Hopefully it sells before you part ways.  

We would definitely let this seller go...

It would be uncomfortable to work for them at that point and we would give them an easy out...

I would have a thorough discussion with him about whether he still wants to sell and if so what may be needed to make that happen (invest in better staging, lower the price, etc.). If he feels you are the right agent then I would let the listing go and put your energy into the people who really want your talent and skills to work for them.

I generally do not let them out of the listing.  I will agree to remove it from the market, but I am still the listing agent.  In short the way I word it is they direct me to withdraw the home from the MLS.  I point out they cannot relist the home.

Debbie, my policy has always been to let the sellers out of a listing contract for whatever reason. I always told this to potential sellers up front during the listing appointment. This has always allowed me to secure long term listings. During my 30 years as a real estate agent, I don't ever recall anyone asking to terminate a listing before the expiration date.

I have a cancel anytime clause in my listing agreements and do not require reimbursement of any of my expenses either. I don't have many listings fire me or leave, however once a client tells me they want out, I do not try to talk them out of it or even try to probe them for the reasons. I make it as low stress and easy for them as possible. The reason I do this is that I have found (strangely) that most of the listing clients who fire me end up coming back. About 80% who leave me actually end up coming back (I actually track this data point). When they leave, I want them to have positive feelings about me and feel like it would be super easy for them to come back any time they want. And this seems to work well for me as strangely most do end up coming back.

Debbie, assuming many things that have been mention above have happen I will let the Seller out. In my opinion its not worth my time and advertising money to waste if the seller is not motivated in selling. 

Debbie -- I think it depends on the situation. Sometimes the house hasn't sold due to a seller's stubborness regarding price, condition and then I'm happy to let them go.

Debbie,

Did the contract falling through make him feel so bad that he no longer wants to sell?  I would discuss that, and would let the listing go, if he feels strongly.  A

I think it would depend upon the reaso the seller wants out. Is it something I can control for or not?  

Dear Debbie,

I would go with Sylvia's idea. Refer them to someone else, so they have a fresh perspective. Which will likely be little different from yours, but always sounds better from the second person, who says so. Sometimes, the luck of spring around the corner will work, when every effort has not.

I belive a couple of agents nailed it. I would either find a great listing agent and get a referal before I chance on losing completely. Or put on hold if the client is goood with that and then get some fresh photos and start over not to mention , in the discription say buyer walked do to loan. Other wise , let it go.

Debbie, part of the problem may be that your listing is now "stale."  Many buyers and agents will get the "perception" there is something wrong with a property on the market that long.  Are you allowed to assign a new listing number?  If not, I would definitely put in the wording that the "previous contract fell out due to buyer not qualifying."  This shows everyone it was nothing the seller did.  As to letting him out of the contract, after you've tried the great tips given above showing him what's been happening in selling his home and he's still really unhappy, I'd let him out of the contract.  No use in having unhappy clients who could bad mouth you later on down the road. 

I would ask them if we could take it off the market with the understanding they need to do a little research with me.  Then I would schedule 3 appointments to look at other homes in the same area with similar price.  What does he see that is different and what does he see that is similar.  Do they see why it has not sold?

I would cancel the contract and let him seek another agent. However, if you were the new agent coming into a listing that didn't sell for 9 months, what would you do differently to sell the property? Have you tried the strategies you were thinking about, if not, why not? 

I generally let them go.  Hopefully the sellers have understood my repeated emphasis on the need for some change such as a price reduction, so that the next listing agent does not get away with saying that I should have recommended it.

Don't you just groan when the "2nd agent" gets that price adjustment that you were not able to get?

Good question. Every circumstance is unique. I usually allow sellers out of listing agreements but only when there is a precipitating concern such as a lack of disclosure issue, or pricing that they won't adjust according to the market. At the same time, Sellers do unethical things all the time. I once had a seller with a difficult property not re-list with me because another broker bought a truck from a family member. I had a buyer all lined up with another broker, just needed to get her to extend. 

I have a client like that now. She was disappointed it didn't sell, but not with my efforts.  Then surprise!  We re-listed 3 months later and she's more in tune with my suggestions of price reductions.  I hope to get an offer soon for them!

I would let them go. If I have done my job correctly and priced it correctly it will not sell when they go the next agent.  There will always be someone else.

Good morning Debbie. The short answer is no.

If you have time left on your listing and suggest a few changes to the property or the price and if the seller is unwilling to do it, let them go.  Ask first as to why they want to end the listing, especially if you had exposed the property and have been getting activity.

I believe if the seller has signed a contract then we have a contract until that date.  Be a person of your word and signed contract 

It would depend on the situation and the seller. I co listed an expensive home and the sellers wanted out. They didn't even give us a chance and we were told an offer was coming in. My co listing friend let them go, and the next listing agent got our offer. It really sucked. 

I would try to encourage the seller to hold on until the listing expires and in the meantime, possibly lower the selling price.

Debbie Reynolds if there is some justifiable reason, I do give them easy exit. Though at the same time, find out why property is not sold - and what seller is willing to do to sell the home - price adjustment, appraisal, staging etc. 

I would let him out hopefully he will come back at a later date ,some times it works some times it does not, thanks good question Debbie

I would ask them to let me try some other options first.

This is one of those it depends questions.  I tell my Sellers upfront I believe in Old-School Customer Service.  At any time you are not satisfied with me, a simple phone call, text, or email, however you want to communicate with me can immediately end our relationship.  I would rather we part stress free being friends, than deal with bitterness.  I make it very clear upfront, this is a teamwork effort, and as a team I want their partnership with me to be very rewarding.  For the most part, especially through these recent very tough years serving a severely financially hit very affordable marketplace, I've experience some very unconditional loyalty among my Sellers.  Tough market does not cause me to give up on them.  That's the foundation of loyalty baby!

Ugg. Difficult situation. Can your broker take it over and split with you 50/50? We did this recently, worked out well for all of us. In escrow now and I get paid for the work I did on the front end.

Let them go, if they have lost confidence for whatever reason.

I agree with Jeff, I forcing someone to stay with you against their will can do more harm and good.

As with John Dotson, I work in a resort area and to be honest, at certain times of the year if the house is not priced correctly, I would not take the listing.

I would absolutely let the seller out of the listing contract if we both did the best we could to get the property sold.

My practice is to let sellers know they can opt out if the need is there. If they are not happy and I cannot make it right, then it's better to move on.  Imagine the damage an unhappy seller could do

Depending on the situation I have just let some sellers go (especially if their pressure and time spent "daily" on the phone was a stresser point that I was glad to let go ... other times I have explained we could "withdraw the listing" until the contract date was fulfilled (they would not be able to list with another agent ... or a few times I have pointed out that if they broke our contract I had the right to charge them a fee to cover my marketing and administrative costs in taking the listing and  had no trouble getting reimbursed for that.  I take each into consideration ... however over the years this has only happened a few times. 

Hello All,

In Texas we have contracts and we have agreements that are used. There is a difference, look it up in a dictionary. A contract is a leaglly enforceable document. An agreement is a statement of understanding between parties. If one of the parties NO LONGER AGREES is it still an agreement?

We use a "Listing Agreement" in Texas, what do you use?

What do YOU think the reason for the "no buy" is ?  what fresh approach can you suggest ?  We have not had that issue but believe in letting the Seller decide the agent....

Working in a seasonal market, we see this all the time.  In our market if it doesn't sell between May and November then it is almost guaranteed to sit until the next May - at least.  We try to educate sellers to this fact and most see it for what it is.

We actually have a Sellers Satisfaction Guarantee which we offer when listing a property.  When a buyer becomes so disillusioned and wants out, then we try to accommodate.  No sense forcing someone to do what they don't want to do.

Our guarantee shows good will up front and also keeps us motivated as listing agents to keep the sellers Happy.

Of course if you have procured a buyer and it fell apart through no fault of the seller or you then he SHOULD stick with you.  You have proven your ability to get a buyer!

Changing horses in the middle of the race is rarely a help.

You co broke and the place is exposed for any agent to jump on board, bring on that buyer. Show all the ways you market, like the listing appointment and explain this place is going to sell. That excess market inventory in same category as his is gone. Everything is poised for that sale so please hang in there!

I would let them go.  There are enough headaches and an unmotivated or unhappy seller is adding to them.