Everyone says get the cancellation in writing and "talk" to the broker. I say write the agent and the broker. You want your side of the story in writing. Deliver it in person so you can talk with them.

As Deborah said, if your reason for canceling has to do with the agent/broker, it's another story. Do you feel like you were "pressured" into signing the listing or disagree with the price that you agreed to? This could fall under a 3 day right to rescind for salespersons presenting to you in your home. Now, I've never heard of that for this type of situation but it's a stronger case than you owing $350 on a verbal comment.
Good luck,
Ruth

Are you willing to list with this agent/broker in 3 months? That might be an influencing factor also. As a broker, I can think of several situations which I would not release a listing, and some that I would.

If I invested time and energy into preparing a listing, created brochures, and you had a reason to delay, I would simply take it off the market and expect to pick up where we left off in 3 months. I dealt with a situation like this once where a seller thought they might have found a buyer, and wanted to cancel the lisitng so they could avoid paying a commission. As it turned out, the buyer never materialized, and the listing continued. While it remained a good and cordial biz relationship, the trust factor had been eroded. Had this seller been more upfront with me, I would have felt better about the whole thing. We sold the property and did a good job for the seller.

So, it would depend upon why you wanted to delay. If I had not yet committed substantial resources and your reasons were valid, I would simply release the listing.

Perhaps you are legally bound to the contract you signed and the broker wanted the 350 to cover expenses. That was an offer made to break the contract. It might have been worth it.

If, on the other hand, your reason to break the contract has something to do w/ that Broker and you have valid reason to break the contract, then stand up and demand it.

From the info above, I can't tell what your reasons are.

Call the attorney at your Board of Realtors. It is a shame he won't just say, I understand. Please let us know how it all turns out.

Read the contract. Normally we'd also refer you to an attorney as well. In Texas real estate contracts must be in writing. If you agreed to the charge in writing you could be liable for it. If it was oral chance ares you are not liable for it. I do believe in keeping your word and within the spirit of the deal. What made you change your mind after 24 hours of signing the agreement?

It sounds like this was a Broker correct?
I would cancel the contract , ask him for it in writting, (You will need to meet to sign this) so you have a copy,
Verbal is verbal and what is in a contract is in a contract.
Then offer to call the Real Estate Board for further assistance, this may help him realize you are really serious.
Hope this helps
Denise Stuart Coldwell Banker

Connie
This is not legal advice. Consult with an attorney for assistance.
If something is not in writing it is very difficult to enforce. Normally written contracts have precedence over oral contracts. So if the $350 is not in writing, it is doubtful you can be required to pay.

However, I agree with some of the other posts, I would call and speak with the Realtor's broker. In fact, the listing agreement is with the BROKER, with the Realtor acting as AGENT for the broker. Unless there are exceptional circumstances (which as of now I cannot imagine what they would be), the listing is cancelled, period.

I wish the best of luck resolving this matter.
Keith

Hi Connie -

Sorry for your situation. It's unfortunate there are agents out there that expect to be paid without performing their duties. Your contract probably states that the commission is due and payable when a sale is consumated, not just by signing the contract. The agent did do some work behind-the-scenes like the CMA, but that is a cost of doing business. If it is not stated in the contract, do not pay. Talk with his broker and explain this agent's way of doing business. When you sign to work with an agent, you are hiring the broker and agreeing to work with a particular agent of the brokerage. The broker should let you out of the contract with no fee. And, just so you know, an agent cannot collect any payments directly. Any commissions earned is actually paid to the broker who will then pay the agent. Good luck to you.

Nicole Sleeva, ABR

Connie, Please refer to your contract. All your answers will be there. If you still have concerns, please contact a local real estate attorney to get an opinion.

Some companies do have clauses that require a waiting period.

Connie ,

It is difficult to fully advise you with out reading your exactly was written in your contract.

Connie you write,

"Now he tells me I have to pay him the money no matter what. Even though it does not say it in writing. He said it was his word in front of his wife"

If it does not say it in writing you have a strong case. For a Realtor to claim it was verbal and his wife is a witness is pathetic.

I would not pay him. You need to go to his broker. Explain your experiences with this Realtor.
Be sure to ask for a letter of cancellation.

Remember not all Realtor are created equal.

Dear Connie, take a look at your contract yourself, if you haven't done it already, and see what it says.

If I understand you correctly, you just signed a listing agreement and changed your mind 24 hours later. Any agent worth his salt would let you out of the contract. If he gives you a hard time, try calling his office and ask to speak to the managing broker. Explain your situation to him. Hopefully that will help.

So sorry for your problems.

Good luck!