Niximus
Brownlow Medallist
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Weekend Wrap and "Liked, Learned, Hated" right here -- How did tipping go?
OP should read Freakonomics
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Look after number 1.
The day you don't is the day you're doomed.
Yes he does have my keys. But i have a sword, so he better not try to come in.i would be very wary of vengence now from this guy, he seems to be a nutjob - the sort of guy that would try to shaft any other potential agents
he doesn't have keys to your house does he?

Yes he does have my keys. But i have a sword, so he better not try to come in.
The "vengeance" has come in the form of getting the principal/owner of the firm to ring me and make me change my mind, but also he is trying to fight the termination agreement. He is saying that the guarantee only applies if they do something wrong (don't follow up leads, keep me informed etc). He says just because there has been no interest is not their fault, it's just the market.
He says they have been working real hard and it's just tough out there. Now he wants to take over the selling of my property, as I clearly cannot work with the original guy anymore. He also wanted me to reread the contract and make sure they haven't lived up to their promises.
One clear point I can see is point 2. Your interests are our prime concern. We work for you. Our commitment is to always act in your best interests.
Well, who knows what my best interests are better than me? And staying with them is not in my best interest in my opinion. But there is also a clause that says I can just decide not to sell and they won't charge me.
If push comes to shove, I will just tell them I am removing my house from the market. I can wait a few days and get my mate to relist it then.
I will call him back tomorrow and lay down my claims of bad work practices to him. If he arcs up, then I remove it from sale. If he arcs up......I have no idea. Real Estate tribunal?
So after two months of virtually nothing happening, I spoke to a friend of my parents who is a real estate agent. I have known him for half my life and he has always been straight with me. He said I was getting swindled. I asked him (he never asked me) that if I got out of my current contract, would he be able to sell my house. He said yes.
As crazy as it sounds, in all the process of interviewing prospective land agents, his name just never came up. In hindsight this was a huge error, but we live and learn.Now that is the part of your tale that does not make sense
Why did you not go with this friend & straight arrow in the first place?
Were you trying to do it on the cheap?
As you sow, so shall you reap
Sounds like you need a lawyer as a friend
You're not being disingenuous, are you?
But being a complete novice at the game, I fear I made a bad error in judgement.
So, to be fair I have made a lot of mistakes in this process.
If push comes to shove, I will just tell them I am removing my house from the market. I can wait a few days and get my mate to relist it then.
I am admitting my inexperience and the mistakes I have seemingly made to you, but there is no way I am going to admit mistakes to them. I am taking them to task on their guarantee and all of the blame for not selling my property well (or at all) is on them. I'm not budging on them. I will see how I go today when I talk to him, but maybe the lawyers may have to be called in at least for some advice.Okay, we'll take you on face value
1st, 2nd, 3rd and last of all, Do not admit to any error/s
Any and all errors HAVE to be the real estate agents.
If you are blameless you should not have to wear the costs of any errors made.
If you want to be on 100% ground, see a lawyer, it is usually money well spent.
At this point he is not asking me to pay anything, he is just desperate to keep my property on his books. What his next move is after I ask to remove my property from sale (if it gets to that) is anyones guess. Hopefully he just accepts it and moves on.Your best option, I believe.
Hard to comment without knowing the location/condition/price of the property, but I would've thought "Yeah, sorry, I've had a change of heart, and want to keep my property," would've been enough for you to get out of a sales contract. What can they do?
Might be a long shot, but you wouldn't happen to have any notes detailing your initial meeting with him? Not saying you'll need them, but would be good to have for your records.
In your phone conversation, did the principal make any reference to wanting you to pay any costs to this point?
If so, I'd start to think about seeking legal advice. Just to ensure your bases are covered.
Call off teh lawyerz. After a couple of days of them trying to bully me into staying they have finally realised I won't back down and have agreed to let me leave the contract, free and clear.
I am glad I've got a lot of friends and family who encouraged me to keep going with it and to stick up for myself and get out of something that was quite clearly a bad deal.

Update - After 2 months of nothing from my old agent, my new agent (my mate) has had exactly 2 days and has already had someone through to look at the place. Will it come to anything? Who knows, but at least it's progress.
So that other guy thinks he worked hard for me. Pigs arse he worked hard. If he did, I would have seen at least something happening instead of **** all.
