Home Q&A Forum Can a real estate agent terminate a residential listing agreement before the expiration date?

Residential

Residential Listing Agreement

California

Asked on Nov 16, 2024

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?

Answers from 1 Lawyer

Answer

Residential

California

Answered 519 days ago

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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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.

View Dolan W.

5.0 (318)

Dolan W.

Answered Nov 1, 2024

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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Residential

Cancellation Of Lease

California

Asked on Dec 8, 2024

Can I cancel my lease agreement due to unforeseen circumstances?

I recently signed a lease agreement for an apartment, but due to the COVID-19 pandemic, I have lost my job and am now facing financial difficulties. I am struggling to pay rent and I am wondering if I have any legal grounds to cancel the lease agreement due to these unforeseen circumstances. I would like to know what options are available to me and if there are any potential consequences or penalties for breaking the lease.

View Dolan W.

5.0 (318)

Dolan W.

Answered Dec 16, 2024

Hello! My name is Dolan and I'm so sorry you're dealing with this. So the downside here is that you're still bound to the lease. You're bound from the moment that you agree to rent the premises. This means that unless the landlord lets you out of it, you can't get out of it. There is a silver lining: 1. You could see if you can find a subtenant to rent it from you; 2. You can try to find someone to take over the lease agreement for you with the landlord's consent; 3. You could offer a settlement to the landlord, such as 1.5x the regular rent. 4. If you can't do either of those, then there is still some hope. Under the law, when a tenant breaks their lease there is an initial obligation or debt that is owed by the tenant to the landlord for any unpaid rent for the remainder of the lease. However, before the owner may make a claim for such damages, s/he has a duty to mitigate (lessen) damages by making a good faith effort to re-rent the unit as soon as possible to try to cover any potential loss resulting from the lease-breaking. In other words, before a landlord can recover in court for the remainder of the lease, the landlord must make all reasonable efforts to find a new tenant to replace the old one. Best of luck to you!

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Residential

Agreement To Lease

North Carolina

Asked on Jun 6, 2022

What are lease agreement laws for Greenville, NC.

I broke my lease and I was paying my rent until a new tenant was found. A new tenant was found and I was told to turn in the keys because they were moving in and so I didn't have to pay rent no more. I was told that the new tenant doesn't want to stay and I have to start back paying rent. Do I have to start back paying rent?

Holly T.

Answered Jun 17, 2022

You must read your lease. Cross reference any lease breaking terms with anything the LL agreed to in writing. Depending on how much was left on your lease, also pull out the requirements for you to terminate the lease via notice near the end. If the new tenant was approved by them and signed a new lease you should be released. However if they merely allowed a new tenant subject to your lease or you sublet without permission, you may still be liable. You'd need to consult with an attorney to be sure but I'd sugggest asking the LL to explain how you're still liable to save time and money. They should be able to cite the agreement requiring you to continue payment.

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Residential

Release Form

North Carolina

Asked on Jun 13, 2022

Is there an attorney out there who does the job with the evidence speak for the self

My apartment complex took me to court for rent old witch was not true I had evidence that was entered into the court but the grounds wasn’t laid down by my attorney stated by the substitute judge I’ve been evicted I’m homeless and I have witnesses as well and perjury from the opposing counsel I went to the magistrate I went to Districk and now I’m looking to file an appeal to appellate for damages to my person for money that was charged to me for services I never received I contacted Department of Justice and NAACP my lawyer told me well my previous counsel stated she doesn’t have time to handle appeal court because she also has a full-time job and she’s not competent enough because she never went past District Court . Breach of contract is what the apartment complex Sweetwater properties Cameron holding LLC has violated also the requirements under the whole program and not having their books up-to-date with payments from volunteers of America as well as money laundering tax withholding

Holly T.

Answered Jun 17, 2022

I am not going to address anything except the appeal process. This is not a contract issue or transactional so I cannot comment further. Evictions are heard in small claims in front of a magistrate. They are heavily weighted in the favor of renters. Some counties such as Orange employ free attorneys devoted to deferring and defending evictions. An appeal from a small claims decision has specific time requirements and is to District court. Some District courts require arbitration for some matters. The Clerk of Court in the relevant county can advise on days left to appeal and whether there is an alternative dispute process required in this situation. If there is, the evidence requirements are not formal. A lay person can represent themselves.

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Startup

Terms Sheet

California

Asked on Mar 30, 2021

What are the most important things to look at in a term sheet?

I am expecting to get a few term sheets from investors in the next month. I want to know what I should be looking for.

View Ramsey T.

4.9 (5)

Ramsey T.

Answered Mar 30, 2021

Every term in a term sheet, by definition is important. A term sheet is a summary of the most important parts of a "deal" - a way of getting to and negotiating the hear of the deal before filling in the gaps with boilerplate. Therefore, you should make sure that you understand all of what has been proposed and negotiated in the term sheet - even the provision that don't seem that important - because they wouldn't be in the term sheet if they weren't a key term to one side or the other.

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

Answers from 1 Lawyer

Dolan W.

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Jane C.

Randy M.

Dolan W.

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