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

1 Attorney answer

Answer

Residential

California

Answered 17 days ago

Dolan W.

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Business Lawyer
Licensed in California
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September 8, 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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