Entry by Deb Orth

Client Wants To Be Removed from MLS


This is a question for anyone who has consulting clients under an Exclusive Right to Sell Listing Agreement, or who may have an opinion.

One of my consulting Sellers is a bit of a pain and a "know it all." We have an Exclusive Right to Sell Agreement with a Consulting Agreement as an addendum. Among the services provided was MLS entry (obviously).

We have a contract with a First Right of Refusal. The contract was brought to us by a ReMax agent. No problem because the property can still be marketed and can be superceded by another offer with a 48 hour kick-out.

The issue is my guy wants to be removed from MLS because he thinks he has a much better chance of attracting non-represented buyers if he has a FSBO sign out front. He's hoping he'll get another contract where he doesn't have to pay a co-broke fee.

Of course, I have advised that taking it out of MLS limits his exposure and there is no guarantee that a non-represented buyer will offer an acceptable contract and that he could be missing other agent represented buyers with a good contract that would allow him to close sooner rather than later. (sorry for the run on sentence :))

He has already paid me a retainer and another installment of the consulting fees so I'll get paid regardless of how he wants to go with this. My thought is to release him from the listing agreement and revise the original consulting agreement to reflect the services that have already been provided and what services shall continue to be provided reemphasizing the balances due and when due.

Have any of you had this experience? If so, what was your response or approach?

Deb Orth
Richmond, VA


I'd just document in some way that the client is going against your best advice, have him/her/them sign it, and follow their instructions.

You can only help people who want to be helped......


Hi Deb,
I agree with Vince. If you are getting paid regardless, and he goes against your advice, then that is much like going to the doctor who you pay for professional advice, but then decide listening to your friends or surfing WebMD is a better idea.

Just make sure you have in your addendum he doesn't get any money back, and reiterate that you do not advise him to do this, then let him dig his own grave.

You can lead a horse to water, you can not make him drink.

If this goes forward, and doesn't work, then he will be more appreciative of you in the future. Whether you choose to ever deal with him again is another story ;-)

Good luck and let us know how it turns out!

Paula Bean

This page contains a single entry by Deb Orth published on June 30, 2007 10:42 AM.

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