Contract Termination Without Cause In Bexar

State:
Multi-State
County:
Bexar
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

What is 'Termination without cause' clause? A Termination Without Cause clause is a contractual provision that allows one or both parties to terminate the agreement without stating a specific reason or cause, typically upon providing advance written notice and subject to certain conditions or consequences.

The type of evidence you will need depends on the type of wrongful termination case you have. Evidence can be in the form of your testimony, witness statements, “me too” victims, documents, communications, and recordings. Evidence of a particular pattern, practice, and policy may also be relevant.

Termination for convenience For example, some contracts contain a clause that says that a contract can be terminated at any point so long as the 30-day notice period has been met. This means that parties can end the contract without any cause.

Texas is an “at-will employment” state, which means that you can fire an employee for any legal, non-discriminatory reason—even for being annoying.

California, in fact, has some of the strictest laws in this regard. In this state, an employee who is fired or laid off is entitled to a final paycheck right away, at the time of the termination. If an employee quits, however, the employer is required to provide the final paycheck within 72 hours.

2. Termination at Will. Termination at will lets you end a contract without needing a specific reason—so long as you follow legal and contractual obligations. While most common in employment agreements, it also applies to service contracts, business partnerships, and leases.

Check that you have a ground for termination Most contracts will include clauses about specifically when a contract will be terminated, so it should be clear whether or not you have grounds for termination. But there's also a general right to terminate a contract if a breach of contract occurs.

When it comes to employment law, a little knowledge can be powerful. California is an at-will state, meaning an employer can terminate you with or without cause.

To prove wrongful dismissal, you will need to be able to show that your employer fired you without cause and without providing the proper notice or severance. Each of these elements must be proven to be able to seek compensation for a wrongful dismissal case.

A Termination Without Cause clause is a contractual provision that allows one or both parties to terminate the agreement without stating a specific reason or cause, typically upon providing advance written notice and subject to certain conditions or consequences.

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Contract Termination Without Cause In Bexar