Home Q&A Forum Can a seller terminate a Residential Listing Agreement before the agreed-upon period ends?

Real Estate

Residential Listing Agreement

California

Asked on Oct 3, 2024

Can a seller terminate a Residential Listing Agreement before the agreed-upon period ends?

I recently entered into a Residential Listing Agreement with a real estate agent to sell my property, but I am now considering terminating the agreement before the agreed-upon period ends. The agent has not been able to generate any offers or interest in the property, and I am concerned about the lack of progress. I want to know if I have the right to terminate the agreement early and if there are any potential consequences or obligations I should be aware of.

Answers from 1 Lawyer

Answer

Real Estate

California

Answered 539 days ago

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

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Can a real estate agent terminate a residential listing agreement before the expiration date?

I recently entered into a residential listing agreement with a real estate agent to sell my property. However, I have become dissatisfied with the agent's lack of effort and poor communication. I have read through the listing agreement and cannot find any specific provisions regarding termination by either party before the agreed-upon expiration date. I want to know if the real estate agent has the authority to terminate the listing agreement before the expiration date, and if so, what are the potential consequences or obligations for both parties in such a situation?

View Dolan W.

5.0 (315)

Dolan W.

Answered Nov 23, 2024

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.

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Real Estate

Purchase Agreement

California

Asked on Sep 5, 2021

seller is a divorced man whose ex lives across street. She turned him in for not permitting a deck. Court applied restraining orders on both. seller had plans drawn and submitted but pandemic hit, He is in financial crisis and has a buyer for home whose bank has agreed to lend . seller has paid all violation fees but county is slow in helping him. he is evacuated from Caldor fire with his other home. Seller needs to due a subordination and let sale happen while county reviews his plans and inspects. Is there anything else he can do? California ..e

code violation paid in full but County is not open and working from home. have not been able to handle this issue in timely manner has been 2 1/2 yrs since first submitted drawings . he is not permitted to go in the area due to a nasty divorce and wife living across street..he also is diabetic and has been hospitalized and needs medicine not covered by insurance

View Donya G.

4.9 (61)

Donya G.

Answered Sep 24, 2021

You will need an attorney to advise you, as such, you will need to post your project on the website Here are the steps you need to take to accomplish this 1. Post the job you need to get accomplished – for example “ I am looking for a California attorney to assist me in the sale of my property and to help me get the county to approve the sale -------------“ 2. Once posted, attorneys on the website that are interested and qualified will respond to your posting 3. Choose an attorney/s based upon their qualifications and cover letter to have a quick call so that you can decide who you would like to hire. 4. After talking with attorneys, choose who you will decide to proceed with. Remember to discuss the cost of the project as well as how long it will take to be completed as well as when payments will be made. 5. Once you have decided who to hire, click “HIRE” and that attorney will now be hired by you. Donya Gordon, Esq.

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Property Deed

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Asked on Sep 17, 2021

Please my client daughter write me about her properties , how can I reply her back, because her father said I should give her the properties when she's get married

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Donya G.

Answered Oct 5, 2021

Can you please reenter your question as I don't understand it. Thanks

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Commercial Building Lease

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Asked on Mar 21, 2023

What's CAM charge in a commercial lease?

I am currently negotiating a commercial lease for a property where I plan to operate my business. As part of the negotiation process, the landlord has mentioned the concept of a CAM (Common Area Maintenance) charge, which I am unfamiliar with. I would like to seek the advice of a lawyer to better understand what a CAM charge is, what it covers, and what my responsibilities as a tenant would be in relation to this charge.

View Paul S.

5.0 (18)

Paul S.

Answered Mar 21, 2023

CAM charges are for common area maintenance. For example, in an office building, CAM charges are for maintaining the lobby, elevators, corridors, and outside areas (such as the parking lot). If you are looking at renting a space, the landlord should be able to provide you with CAM numbers for that space for the past several years, so you know what to expect.

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Commercial Lease

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Asked on Apr 21, 2023

What's the property description in a commercial lease?

I am a small business owner who is looking to lease a property for my business. I am currently reviewing a commercial lease and am trying to understand what is included in the property description in the lease. I am hoping to gain more clarity on what the property description entails and how it affects my business.

5.0 (1)

Gagandeep K.

Answered May 24, 2023

A property description in a commercial lease has to sufficiently identify the extent and boundaries of the property being leased. For example, it can be described by a map reference or by metes and bounds, or include a description such as "that certain building on the south-westerly corner of California and Larkin Streets." The commercial lease will include defined terms such as "Building," "Property," and "Premises". The defined terms define/describe the "Property" on which the "Building" is located which has the "Premises"/"Space" that is being leased. A sample definition of is Property Description in a Commercial Lease: ""Property" means the real property on which the Building is located together with the Building and all appurtenant fixtures and personal property of Landlord used in the operation of the Building and/or the Property, and any other improvements now existing or hereafter constructed thereon[, including the parking lot, walkways, and landscaped ground as depicted on the site plan attached hereto as Exhibit [LETTER]]."

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Can a seller terminate a Residential Listing Agreement before the agreed-upon period ends?

Answers from 1 Lawyer

Dolan W.

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People Also Asked

Can a real estate agent terminate a residential listing agreement before the expiration date?

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