5,112,896
A seller can ask for a termination. It's up to the broker to determine if they just cancel the agreement or simply remove the listing from mls and wait for the actual contract to terminate at the originally agreed upon date. But a seller can always ask for you to withdraw the listing.
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Candice A. Donofrio
Fort Mohave, AZ
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Susan Laxson CRS
La Quinta, CA
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Diana Zaccaro Broker A...
Cocoa Beach, FL
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Bob Crane
Stevens Point, WI
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Will Hamm
Aurora, CO
6,418,429
Every state is different, this is a good one to ask your broker and they will know right away.
Often they can be terminated, but not quite unilaterally, and expenses and possible commission can often be recovered.
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Roy Kelley
Gaithersburg, MD
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Lise Howe
Washington, DC
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Diana Zaccaro Broker A...
Cocoa Beach, FL
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Bob Crane
Stevens Point, WI
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Mike Rock
Granite Bay, CA
3,742,064
It all depends on the laws in your state and what your contract says. But you (and your broker) will become mock fodder at every dinner party this seller goes to for the rest of his life. And it's hard to piss off a seller enough to drive them off without doing something to violate the terms of your contract or the NAR Code of Ethics. And they'd get lawyers. You'd need lawyers. And don't bet on your broker or you E&O carrier fighting the battle for you.
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Susan Haughton
Alexandria, VA
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Roy Kelley
Gaithersburg, MD
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Inna Ivchenko
Encino, CA
5,583,328
not with me!!!!
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Pete Xavier
Pacific Palisades, CA
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Lyn Sims
Schaumburg, IL
4,961,530
They can ask but you can take it out of MLS but you do not have to terminate it, that way they can not list with someone else I believe.
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Ty Dwyer
Richmond, VA
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Lyn Sims
Schaumburg, IL
2,375,711
This is a state specific and listing agreement specific question
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Inna Ivchenko
Encino, CA
1,390,113
We allow it as a matter of course in all of our listing agreements. Haven't been taken up on it yet, though.
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Inna Ivchenko
Encino, CA
823,679
No, they can ask, but they are not always granted a termination. I agree with Nina Hollander that it is up to your broker.
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Nina Hollander, Broker
Charlotte, NC
2,810,349
In Colorado, the contract allows either party to terminate if the other party fails to fulfill their contractual obligations. While those obligations are spelled out, a dispute over them is always going to be open to interpretation.
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Belinda Spillman
Aurora, CO
1,466,257
Ty Dwyer You're a little ahead of yourself here. Yes, broker approval is required. Unless there is a clause in the Listing Agreement that the seller shall pay the full commission or any fee upon early termination, the seller doesn't have to pay a dime.
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Inna Ivchenko
Encino, CA
1,847,041
Yes in IL. It can be terminated by the broker or agent. No comm is due.
This doesn't pass the smell test for me.
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Inna Ivchenko
Encino, CA
231,224
yes. for different reasons in different states. there "may" be cost associated on the selling agents behalf that "may" be recoverable. thou most agents would never bother
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Bob Crane
Stevens Point, WI
4,300
I'm late to this party but I believe if you aren't charging a fee for your time when a client cancels your contract, you are a fool. Have more respect for your work. If you did what you needed to do while listing their home and they want to cancel the contract just because they think the grass is greener, then they should pay you for your time and effort. If more agents did it, instead of being wimps, then sellers wouldn't think about ditching and running. Asking a seller to commit to a legally binding contract is not bad and is done in practically every other trade in the world with much more severe consequences.
Now, if you totally screwed up their house sale, thats a different story.
3,071,489
7,864,136
I think is is good business to have an early release provision in advance.
4,434,177
991,352
Sellers can ask and with brokers permission (which in our office is always give) no problem - other offices charge the seller a fee to cancel
1,624,853
It depends on a state. In CA, the seller can terminate a listing agreement and not to pay commissions to a listing agent, unless there is full price offer.
3,988,013
If the seller wants to terminate the broker tries to get to the bottom of the reason. Oftentimes he will just reassign the listing and see if another agent can satisfy the agent.
3,383,384
I have been doing this 11 years in VA. I wouldn't go that route unless something agregrious happened.
A great way to avoid issues like this is having an early termination fee. Amazing how a fee like $500 will keep a seller in place with a listing agreement.
1,506,163
Wow, very cool for you! Not sure what the regs for CA are. Rarely comes up and when it has recently it was with friends.
2,310,576
As Dick Greenberg stated - in Colorado either party can terminate and the listing agent should EXPIRE the listing in MLS so they can re-list.
2,784,716
1,092,947
This is a state specific question. Best to ask your broker and call your Legal Hotline.
1,157,791
4,800,132
Can't be done unilaterally. As of the commission, it would be up to how the listing agreement was drawn up and agreed to.
98,823
1,241,879
321,564
Depends on the contract. Our broker requires a % of the listed price to be paid if they cancel. I'm not familiar with any clients that have actually cancelled.
913,568
There are legitimate reasons that a seller can terminate a listing agreement.
4,901,858
For an agency relationship to continue both parties must agree. Either party can terminate; however both may still be subject to perform. So if a sellers tell you they want to terminate then you must terminate. Then the broker can decide is they are going to sue the seller for non performance. I've never known a broker to do that.
5,060,714
That depends on what the contract, and the broker, say. I would certainly want to know why