Contract Termination For Convenience In Georgia

State:
Multi-State
Control #:
US-00048DR
Format:
Word; 
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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

Unlike a termination for cause, a termination for convenience occurs without a breach of contract. Basically, one party decides that they've had enough and want to walk away. It's not technically legal, unless the contract gives either party the right to do this, but it does occur in the construction industry.

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).

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.

A contractual right to terminate an agreement for any reason. It may also be referred to as termination without cause. A right to terminate for convenience usually requires the terminating party to provide a certain period of notice before the termination is effective and usually in writing.

As a rule of law, unless it is excluded by the terms of the contract, a party has a right to terminate a contract where there has been: a breach of an essential term (otherwise known as a condition); a sufficiently serious breach of an intermediate term; or.

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.

The Federal Government Has the Authority to Terminate Contracts for Its Convenience. Unlike commercial contracting, the government has the unilateral right to terminate all or part of a federal contract for its own convenience without any finding of default of the contractor.

A contractual right to terminate an agreement for any reason. It may also be referred to as termination without cause. A right to terminate for convenience usually requires the terminating party to provide a certain period of notice before the termination is effective and usually in writing.

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. This rule exists under common law for repudiatory breaches.

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Contract Termination For Convenience In Georgia