Terminated Contract With In Miami-Dade

State:
Multi-State
County:
Miami-Dade
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

In Florida, employment is “at will”, meaning that either the employer or the employee can end the employment relationship at any time without reason unless you have an employment contract or union agreement governing the terms of your employment or work for a government employer.

One of the most common reasons for contract termination is when one of the parties to the contract has breached the contract. This happens when a party has failed to fulfill their obligations or has acted in a way that was inconsistent with the rules set out by the contract or agreement.

Notice of termination of employment No agreement may require or permit an employee to give a period of notice longer than that required of the employer. Notice of termination of a contract of employment must be given in writing, except when it is given by an illiterate employee.

Florida law also prevents terminations that violate public policy. For instance, if an employee refuses to engage in illegal activities requested by their employer and is fired as a result, they may be able to file a wrongful termination lawsuit.

An employee or employer can decide to end ('terminate') an employment contract. This may be done by: an employee resigning. an employer dismissing an employee.

What are the different ways to discharge a contract? Discharge of a contract by performance. Discharge of a contract by breach. Discharge of contract by agreement. Discharge of contract by frustration.

You usually cannot cancel a contract, but there are times when you can. You can cancel some contracts within certain time limits. Some contracts must tell you about your right to cancel, how to cancel them, and where to send the cancellation notice.

If you did not sign a contract in most cases you would be an at will employee and can be terminated for any reason, however if the employer had a policy regarding what constitutes termination, and requires just cause for termination you would be protected.

A party may no longer be able to deliver on the contract - which in turn can give rise to rights to terminate the contract altogether. Termination by performance. Termination by Agreement. Termination for Breach of Contract. Termination by frustration.

Simply explain that you are terminating the contract because the terms were not met (or for whatever other reason you deem it necessary) and that any concerns can be returned to you in writing or via your preferred contact method.

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Terminated Contract With In Miami-Dade