My question involves real estate located in the State of: Wisconsin
So my wife's sister is a real estate agent, and 95% owner of her own agency. My wife and I decided to hire her to sell our house since she is family. This was a huge mistake. We had tons of issues throughout the process of putting an offer in on a new house with a home sale contingency, but got through it, and got an accepted offer, so we got to the part where we list our house. We put a new floor in and got the house ready to show. Our agent had a few showings lined up and things looked like they were going smooth, however the day the first showing was scheduled, my father-in-law had to go to the hospital for some issues. This being our agents father as well, she freaked out and told us she was canceling all our showings to go be with her dad in the hospital. I asked her to have one of her other agents show the house instead of cancelling the showings, and she refused to do this. She ended up cussing my wife and I out, going on some long rant about being extremely offended that I don't trust her to do her job and know what's best in selling my house. I did not take being treated so unprofessionally very well and told her that as soon as the situation with her dad calmed down that we would have to have a talk about her response to simple questions. Fast forward about 5 days, father-in-law is doing well, looking to be discharged the next day, so I text her and say its about time we have our talk because she still refuses to hand our listing off to another agent. This is unacceptable to me because her father is diagnosed with stage 4 colon cancer, and this is going to be an ongoing issue with her being unable to execute her duties as our agent. I call her to talk and find out that our house was apparently shown without either her or us knowing about the showing (meaning strangers were in our house without our knowledge). This just adds to my concerns about her being able to perform her duties, and I tell her yet again that it is nothing against her, but I want our listing to be handed to a different agent. She proceeds to blow up on me, and cusses me out about being insensitive to the situation ect. then hung up on me. I decided at that moment that this professional relationship was not going to work, and texted her asking her to sent me a list of all the expenses she's paid in listing and advertising my house so I could reimburse her, and we just go our separate ways, and she has since ignored all my communications.
So... my question is, can this be considered a breach of contract if she refuses to hand our listing to one of her other agents in lieu of cancelling showings due to an inability to perform her duties as the selling agent given a personal emergency. Or can the fact that strangers were aloud into our house without our knowledge be a sign of negligence? How can I get out of this contract with her cleanly?
Thanks in advance!!
So my wife's sister is a real estate agent, and 95% owner of her own agency. My wife and I decided to hire her to sell our house since she is family. This was a huge mistake. We had tons of issues throughout the process of putting an offer in on a new house with a home sale contingency, but got through it, and got an accepted offer, so we got to the part where we list our house. We put a new floor in and got the house ready to show. Our agent had a few showings lined up and things looked like they were going smooth, however the day the first showing was scheduled, my father-in-law had to go to the hospital for some issues. This being our agents father as well, she freaked out and told us she was canceling all our showings to go be with her dad in the hospital. I asked her to have one of her other agents show the house instead of cancelling the showings, and she refused to do this. She ended up cussing my wife and I out, going on some long rant about being extremely offended that I don't trust her to do her job and know what's best in selling my house. I did not take being treated so unprofessionally very well and told her that as soon as the situation with her dad calmed down that we would have to have a talk about her response to simple questions. Fast forward about 5 days, father-in-law is doing well, looking to be discharged the next day, so I text her and say its about time we have our talk because she still refuses to hand our listing off to another agent. This is unacceptable to me because her father is diagnosed with stage 4 colon cancer, and this is going to be an ongoing issue with her being unable to execute her duties as our agent. I call her to talk and find out that our house was apparently shown without either her or us knowing about the showing (meaning strangers were in our house without our knowledge). This just adds to my concerns about her being able to perform her duties, and I tell her yet again that it is nothing against her, but I want our listing to be handed to a different agent. She proceeds to blow up on me, and cusses me out about being insensitive to the situation ect. then hung up on me. I decided at that moment that this professional relationship was not going to work, and texted her asking her to sent me a list of all the expenses she's paid in listing and advertising my house so I could reimburse her, and we just go our separate ways, and she has since ignored all my communications.
So... my question is, can this be considered a breach of contract if she refuses to hand our listing to one of her other agents in lieu of cancelling showings due to an inability to perform her duties as the selling agent given a personal emergency. Or can the fact that strangers were aloud into our house without our knowledge be a sign of negligence? How can I get out of this contract with her cleanly?
Thanks in advance!!
Agents and Brokers: Breaking a Sellers Contract and Firing My Agent
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