Cancellation Listing Agreement Form For Real Estate In Alameda

State:
Multi-State
County:
Alameda
Control #:
US-00048DR
Format:
Word; 
Rich Text
Instant download

Description

In the context of real property law, a listing agreement governs the terms of the sale of real property by a third party real estate agency or broker. A listing contract may cover issues, among others, such as the price and terms of sale, broker's commission, agency duties of a listing agent, whether or not the property will be listed with the local MLS (multiple listing service), lockbox use, and resolution of disputes.


There are at least ten ways that a listing agreement may be terminated.


" When a real estate broker successfully sells a property for their client the listing agreement is complete.

" Listing agreements are typically inclusive of a definite time frame. When this period of time is reached, the listing agreement is terminated. Automatic extensions are illegal in many states, and are highly discouraged.

" If a broker does nothing to market the property, the owner of the property may end the listing due to the brokers abandonment of the property.

" Sellers can revoke the listing agreement, however there may be damages to the broker for which the seller can be held liable.

" Brokers can renounce the listing agreement, however they may be held for damages to the seller.

" Death, insanity, or bankruptcy of either the broker or the seller will often terminate the listing.

" Destruction of the property terminates the agreement because the agreement cannot be performed.

" The listing agreement can be terminated through a mutual consent between the broker and the seller.

" If the use of the property changes significantly, the listing agreement can be cancelled.

" In the real estate market, transfer of title by operation of law can terminate the listing agreement.

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FAQ

If you've officially decided to move forward with the cancellation, it's time to put it in writing and send it to the other party. When writing this letter, make sure to include the date the contract was drafted, the address of the home, the date of cancellation, and your reasons.

You should use the Listing Cancellation Form when you wish to terminate an existing listing agreement with your real estate agent.

If I was wanting to cancel, the first thing I would do is contact the listing agent and explain why you want to cancel. Most of the time the listing agent will release you from the agreement. If they are resistant to releasing you from the agreement contact their Broker/manager and explain.

You can indeed cancel a real estate listing agreement in California. Sellers might be asking themselves, “under what circumstances?” And the answer to that is: almost any. Maybe you changed your mind and you decided you don't want to sell your house after all.

California case law suggests that where the listing agreement has a fixed term, it may not be unilaterally terminated by the agent (though the client may unilaterally terminate). The agent may "renounce" the agency, but if the client is damaged by the renunciation, the client may sue for damages.

Typically, a termination by a seller is justified if the realtor was not putting a lot of effort in marketing or advertising the house, they repeatedly acted in an unprofessional manner, or they have a pattern of bad communication with the seller.

All that is required in California is to notify the listing agent in writing.

Written Notice: Always provide cancellation in writing. This document should state your intention to cancel the contract, the reason for cancellation, and be signed and dated. This creates a formal record of your intent and the date it was communicated, an essential step in how to cancel a real estate contract.

The 14 day cooling off period During the first 14 days after you have entered the contract you have the right to leave the contract without incurring a penalty.

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.

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Cancellation Listing Agreement Form For Real Estate In Alameda