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Ty Dwyer, Richmond VA Condo/Townhouse Expert (First Choice Realty)

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Rainmaker
5,112,896
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

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.

Jun 02, 2016 02:30 AM
Ambassador
6,418,429
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

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.

Jun 02, 2016 02:30 AM
Ambassador
3,742,064
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

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.

Jun 02, 2016 05:25 AM
Rainmaker
5,583,328
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

not with me!!!!

Jun 02, 2016 03:03 AM
Rainmaker
4,961,530
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

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.

Jun 02, 2016 02:34 AM
Rainmaker
2,375,711
Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker in DC, MD, VA and attorney in DC

This is a state specific and listing agreement specific question

Jun 02, 2016 12:14 PM
Rainmaker
1,390,113
Wayne Zuhl
Remax First Realty II - Cranford, NJ
The Last Name You'll Ever Need in Real Estate

We allow it as a matter of course in all of our listing agreements. Haven't been taken up on it yet, though.

Jun 02, 2016 07:44 AM
Rainmaker
823,679
Susan Laxson CRS
Palm Properties - La Quinta, CA
Realtor in San Diego, CA & Naples, FL

No, they can ask, but they are not always granted a termination. I agree with Nina Hollander that it is up to your broker.

Jun 02, 2016 05:56 AM
Rainmaker
2,810,349
Dick Greenberg
New Paradigm Partners LLC - Fort Collins, CO
Northern Colorado Residential Real Estate

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.

Jun 02, 2016 05:36 AM
Rainmaker
1,466,257
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

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.

Jun 02, 2016 05:22 AM
Rainmaker
1,847,041
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

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.

Jun 02, 2016 04:03 AM
Rainer
231,224
Mike Rock
Complete Design - Granite Bay, CA
Granite Bay Luxury New Construction...For Less

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

Jun 02, 2016 02:30 AM
Rainer
4,300
Mark Gilbo
Gilbo Realty LLC - Syracuse, NY
Buy, Sell, List Investment Properties

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. 

 

Oct 12, 2016 03:51 PM
Rainmaker
3,071,489
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Read the contract.  If it says they can - then yes. If not - then no.

Jun 03, 2016 10:47 PM
Rainmaker
7,864,136
Roy Kelley
Retired - Gaithersburg, MD

I think is is good business to have an early release provision in advance.

Jun 02, 2016 10:47 PM
Rainmaker
4,434,177
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

It will depend on state laws  and the contract.

Jun 02, 2016 10:32 PM
Rainmaker
991,352
Jennifer Mackay
Counts Real Estate Group, Inc. - Panama City, FL
Your Bay County Florida Realtor 850.774.6582

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

Jun 02, 2016 09:03 PM
Rainmaker
1,624,853
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

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. 

Jun 02, 2016 05:24 PM
Rainmaker
3,988,013
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

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.

Jun 02, 2016 11:36 AM
Ambassador
3,383,384
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

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.

Jun 02, 2016 08:29 AM
Rainmaker
1,506,163
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

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.

Jun 02, 2016 08:23 AM
Rainmaker
2,310,576
Belinda Spillman
Aspen Lane Real Estate Colorful Colorado - Aurora, CO
Colorado Living!

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.

Jun 02, 2016 07:56 AM
Rainmaker
2,784,716
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Yes.... they calculate the risks just like you would.

Jun 02, 2016 06:49 AM
Rainmaker
4,176,822
John Pusa
Glendale, CA

Ty, it depends on the agreement.

Jun 02, 2016 06:14 AM
Rainmaker
1,092,947
Diana Zaccaro Broker Associate
ZOOM Realty Group - Cocoa Beach, FL
"The Accidental Blogger" Cocoa Beach, Florida

This is a state specific question. Best to ask your broker and call your Legal Hotline.

 

Jun 02, 2016 06:10 AM
Rainmaker
1,157,791
FN LN
Toronto, ON

It depends upon the terms of the listing agreement.

Jun 02, 2016 05:29 AM
Rainmaker
4,800,132
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Can't be done unilaterally. As of the commission, it would be up to how the listing agreement was drawn up and agreed to.

Jun 02, 2016 05:21 AM
Rainer
98,823
Becca Rasmussen
HomeSmart Cherry Creek - Highlands Ranch, CO

+1 to: Depends on the state and the listing contract terms. 

Jun 02, 2016 04:49 AM
Rainmaker
1,241,879
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

 That depends.  Often that is too bad for the 1st listing agent.

Jun 02, 2016 03:44 AM
Rainer
321,564
Melissa Jackson REALTOR
Trinity Premier Properties - Azle, TX
Helping You Make The Right Move

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.

Jun 02, 2016 03:12 AM
Rainmaker
913,568
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

There are legitimate reasons that a seller can terminate a listing agreement.

Jun 02, 2016 02:51 AM
Rainmaker
4,901,858
Richard Weeks
Dallas, TX
REALTOR®, Broker

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.

Jun 02, 2016 02:45 AM
Ambassador
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Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

That depends on what the contract, and the broker, say. I would certainly want to know why

Jun 02, 2016 02:43 AM