The short answer is yes, a seller can cancel a contract — but only under particular circumstances. Even then, the seller will likely face consequences, as the laws around real estate contracts tend to favor the buyer over the seller.
The Termination Process Study Your Contract: Look for any specific instructions about how to end the agreement. Understand Acceptable Reasons: Your contract might list specific reasons that allow you to terminate. Talk to Your Agent: Before you do anything official, try talking to your agent.
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.
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.
Termination clauses can always be customized but standard ones are included in almost every agreement.
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.
Final answer: In terms of a real estate transaction, the ability to cancel a listing during the term of the listing agreement primarily lies with the seller and the broker.
The simplest way to terminate a listing agreement is through mutual consent. If both you and your agent agree to part ways, you can cancel the agreement without penalties. Make sure to document this agreement in writing, as it will serve as evidence in case of any disputes later on.
Five ways to void a contract/make a contract ineffective Prove its invalidity. Contracts are only effective if they're legally valid. Use capacity to end it. Agree to mutually void it. Exercise the “cooling off” rule. Use the terms of a voidable contract.