Contract Termination For Convenience In Bronx

State:
Multi-State
County:
Bronx
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

Parties may agree to include a termination for convenience clause in a contract under the freedom of contract principle. However, in some countries and legal jurisdictions they may be statute law or case law which affects the operation or interpretation of such a clause.

A “termination for convenience” clause states that a property owner may terminate a contractor at its convenience for no reason at all. There does not need to be any breach of contract in place. However, the clauses typically require advance notice (such as 30 days).

A form notice governed by New York law terminating an agreement early for convenience. This notice may be used by a party to unilaterally terminate an agreement for convenience under the terms of that agreement.

Good Faith and Abuse of Discretion: While termination for convenience clauses grant broad discretion, courts often require that the government entity exercise this right in good faith and not in an arbitrary or capricious manner. Bad faith or abuse of discretion can invalidate the termination.

Unilateral Right to Terminate Without Cause: Termination for convenience clauses generally allow one party, often the government entity, to terminate the contract without needing to establish fault or breach by the other party.

Grant or cooperative agreement terminations The government can terminate assistance awards if the award no longer effectuates program goals or agency priorities (i.e., for convenience). In this case, the federal agency and the recipient must agree on termination conditions.

§14.4. 1 The owner may, at any time, terminate the Contract for the owner's convenience and without cause. the owner's convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed.

A termination for convenience clause, or "T for C" clause, enables a party to a contract to bring the contract to an end without the need to establish that the other party is in default, for example because the client party's needs have changed, or in order to arrange for another party to complete the contract.

New York observes “at-will” employment laws, meaning an employer can terminate a worker at any time for any reason or without reason. This works both ways, as employees can also quit their jobs without cause or notice. However, employers cannot fire employees for certain illegal reasons.

The most straightforward way for a contract to terminate is when both parties involved fulfill their contractual obligations. Once all of the terms, conditions, and requirements outlined in the contract are met, the agreement is considered to have reached its natural conclusion and is therefore terminated.

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Contract Termination For Convenience In Bronx