How do I get out of a contract with a realtor who was to sell my house?

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How do I get out of a contract with a realtor who was to sell my house?

My home is currently on the market.The agent is not working
out. I need to get out of the contract. If I understand
correctly I should have received copies of all paperwork
within two days of signing. It is now over three months and I
have never received any.

Asked on February 27, 2017 under Real Estate Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Simply not getting copies of the paperwork will not let you out of the contract. You could get out IF you can show that the agent is not in fact making reasonable efforts to show or market your house, because that would be a breach of his or her obligations; that breach would enable you to treat the contract as terminated. Since this is a subjective standard--there is no hard and fast rule for when a realtor is or is not making reasonable efforts--before you take steps that could result in litigation (e.g. if the agent tries to sue to enforce the contract), make sure that you believe his/her efforts are not merely lackluster, but inadequate by any reasonable standard; you want to confident of being able to prove this if need be (e.g. if sued by the agent).


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