May Listing Agreements Be Terminated Without Penalty For Home Invasion In Alameda
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Why can you terminate a listing agreement? Poor communication: You may cancel a listing agreement due to an agent's poor performance. Bad marketing: Real estate is competitive, even in a seller's market. Unethical behavior: Agents have a fiduciary duty to serve a home seller honestly and ethically.
- A listing contract is automatically terminated if an impossibility of performance occurs. - Specific performance is a remedy if one of the parties to a listing contract unilaterally terminates the agreement. - Death, incompetence, or bankruptcy of either principal or agent terminates a listing contract.
The Court held that under the law of agency, the seller's death terminated the relationship and the listing contract between the seller and the real estate agent.
Final answer: A listing agreement is most likely to terminate due to expiration in a situation where the contract specifies a fixed term without provisions for early cancellation or premature termination by either party.
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.
In general, valid reasons for terminating a listing agreement include: A) Mutual agreement between the seller and agent, B) Completion of the sale, and C) Expiration of the agreed-upon time period, as these reasons reflect the successful conclusion or mutual termination of the contract.
Breach of Contract: If your agent fails to fulfill their obligations as outlined in the listing agreement, you may be able to terminate the contract due to a breach. Common breaches include inadequate marketing efforts, failing to communicate effectively, or not abiding by the terms specified in the agreement.
The answer is death of the sales associate who worked with the buyer. A listing agreement is a personal service agreement between a broker and a seller, not between a sales associate and a seller.
