How to void an Exclusive Authorisation to Sell Letter from housing agent?

Question

Recently I wanted to sell my HDB flat and then I engaged a housing agent to help me with the paper work and at the same time co-broke it. The problem is that I've signed an "Exclusive Authorisation to Sell Letter" issued by the agent's company. Uptill now, the agent still did not help me to find a new home. I've intentions of voiding the agreement but one of the terms stated that "In the event of the Owner's failure to proceed with the sale, attributable to his fault, the Broker shall be entitled to the agreed brokerage fee as in Clause 2." That means I have to pay the agent 2% of the selling price as commission even though he/she fails to find me a new house. I think the agent is out to cheat me and forces me to sell my house without helping me to find another home. How?

Answer 1

I'm not sure how it works elsewhere, but here in the U.S., real estate agents generally get paid by "making a sale".  As a result of your signing that agreement, the 2% from your flat (use of the word "flat" tells me that you are probably not in the U.S.) is pretty much a sure thing.  Finding you a new home, on the other hand, actually requires some work.  

Unfortunately, this presents a problem: the best course of action for the real estate agent is to string you along and do absolutely nothing!  This way, you'll be FORCED to cancel the agreement, and he'll get paid handsomely for doing almost no work!  You inadvertently incentivized him to work against your best intetrest.

You should look through your contract carefully.  See if you can find one or more other realtors to help you find a new home.  I'll bet the contract only covers the sale of your current flat, and says nothing about finding you a new home.  Don't wait for this guy to help you!

Answer 2

This sounds like a question for an attorney, who if he or she can answer your question then he or she can also draw up a document that cancels that relationship.

I suppose you need to do two things:

1) write a recinding letter of Exclusive Authorization to Sell, and having it be notarized, then photocopying the notarized letter for your own records.

2) sending the recinding letter by REGISTERED MAIL... NOT by certified mail, which you do at the post office.  That way you will receive a signed receipt back that the agent has received your notice.

Of course, if you go to an attorney, the attorney can both draw up the letter without notarization (or some attorneys can or have employees to notarize your signed document), AND can also serve as a witness that the letter was sent by the attorney's office themselves!

You can also publish a public statement at the same time in the local newspaper that you have cancelled the agreement with your agent, and if you really want to go beyond that, you can file an affidavit (in the proper format which the clerk can advise you on) with the county clerk's office for a public record!

I think the attorney would be the fastest and "bestest" way unless you are familiar with the other suggestions.