Cancellation Of Listing In Alameda
Description
Form popularity
FAQ
First off, without a defined expiration date, you didn't have a ratified listing agreement. Second, in California, as of 2024, you cannot have a listing agreement term for longer than 24 months, and if you essentially had an indefinite listing agreement, this would be unlawful.
A listing agreement should include a termination clause to outline conditions under which the property owner or real estate agent can end the contract early.
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.
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. But before you sign one, you should understand your options for terminating a listing agreement so you don't feel stuck in a bad situation.
Termination clauses can always be customized but standard ones are included in almost every agreement.
You should use the Listing Cancellation Form when you wish to terminate an existing listing agreement with your real estate agent.
Listing agreements are typically automatically terminated under the following conditions: Expiration of the Listing Agreement: If the time period specified in the agreement comes to an end without a sale, the agreement automatically expires.
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.
If you're set on canceling, send a formal request in writing, either via email or certified letter. Be sure to include your property address, the date, and a clear statement that you're terminating the agreement. If you want to work with a different agent in the future, be clear about the termination timeframe.
