How a Consumer Hired a Lawyer to Draft a Residential Listing Agreement in Texas

Hello! My name is Dolan and I’m one of the lawyers on this site. Generally, no, a real estate agent cannot unilaterally terminate a listing agreement before the expiration date unless the agreement specifically says that this is okay. The trouble is that you can’t outright cancel the agreement, either. With that said, if they are failing to act in good faith or perform substantially, its grounds to send them a notice that they have to either perform or else you may suspend your performance of the agreement or even sue for damages. Almost always, if they want to back out, and you should offer them a chance to do so. Get any mutual agreements for rescission in writing. If you need assistance with a review, please post a job, and we’ll be happy to help.

Hello! I'm so sorry you're having to deal with this. Legally speaking, most real estate agent agreements generally state you must pay their commissions even if you terminate the relationship, typically up to 6 months after the termination of the relationship. In theory, you have a breach of contract action if this person has not done any actual work or generated any offers or any interest in the property. This would likely make the agreement "unconscionable" in this case. So what does this mean? It means your best option is to negotiate the termination How do you do that? One little-known, but very effective tool that lawyers use to settle matters outside of court is called principled negotiation.  All this means is that you are looking to get something done on the basis of principles, even if you can’t find a law to support you.  It takes the anxiety out of dealing with the other side because you’re focused on the facts, not each other.  With that said, here are some simple steps you can follow: Figure out what the other side’s interests are (saving money, saving time, etc.?); Think about what your interests are (saving money, saving time, etc.?); Come up with 2 to 3 reasonable and objective ways to solve the problem; Present it to the other side; If the other side rejects, ask them, “Is there a reason why you do not feel it is necessary to negotiate?” Consider what your best alternative to a negotiated agreement is.  This will give you confidence that no matter what, you'll have an option. Of course, these are just building blocks to get the other party to help solve the dispute.  Believe me when I say that good lawyers use this technique all the time to keep things out of court.  You’ll find that it is very effective even with the most stubborn of individuals. Best of luck! Dolan