A listing agreement is a binding contract, but there are a number of ways to get out of one. Whether you change your mind about selling, have ethical or performance concerns about the agent, or you just don't find a buyer, you can get out of a listing agreement.
The easiest way out is to sit down with the real estate brokerage the realtor works for and discuss breaking the agreement. Many reputable brokerages who wish to keep a favorable relationship with your business will agree to peaceful contract termination.
Simply send them a letter or email stating that you are no longer working with them effective immediately. You are not obligated to work with any realtor you don't like. Cut contact after sending the message and contact the new realtor.
Most estate agents impose a minimum contract period — usually lasting between 8 to 16 weeks, during which you may not be able to switch estate agents without incurring penalties. Be sure to check for specific terms related to termination and the required notice period, which is commonly 14 to 28 days.
Reasons for termination might include an agent's unsatisfactory performance, the seller changing their mind about selling the property or a mutual decision to otherwise end the contract.
As noted, to cancel or otherwise amend a listing or buyer agency contract the seller/buyer and brokerage must both agree. Be sure to: Discuss your concerns directly with your Realtor and ask for a resolution of the issues that are bothering you. Keep written notes and make your instructions in writing.
While your Realtor may be your designated agent, they aren't a party to a standard form listing or buyer agency contract. Only the parties to a contract can amend it and then, only if they both agree to do so. Standard form listing and buyer agency contracts doesn't contain any provision for an early cancellation.
1. Review the Agreement: Check for a cancellation or termination clause that outlines the process and any potential penalties. 2. Written Notice: Provide a written notice to your agent or their brokerage firm stating your desire to cancel, citing the reasons clearly and professionally.
A listing agreement is a binding contract, but there are a number of ways to get out of one. Whether you change your mind about selling, have ethical or performance concerns about the agent, or you just don't find a buyer, you can get out of a listing agreement.
If the buyer/homeowner has not received the required Notice of his or her Three Day Right to Cancel, then the contract may be cancelled at any time until the required form of notice thereof is provided to them.