During the review period, which is in place to protect the people on both sides of a transaction, sellers can legally back out. The seller has a contingency in the contract. Like buyers, sellers can build in contingencies, too.
Under Florida law, buyers (and sellers) can cancel a real estate contract, and therefore escrow, under very specific circumstances.
Taking Action Ask for a release: The time to ask about canceling a listing is when you sign the listing contract. Request a release in writing: Tell your agent immediately if you want to cancel. Ask to be assigned another agent: Realize that your listing is between the brokerage and you, not you and your agent.
The seller can back out for reasons written into the contract, including (but not limited to) contingencies. The buyer is in breach of the contract. If the buyer is “failing to perform” — a legal term meaning that they're not holding up their side of the contract — the seller can likely get out of the contract.
Whether you change your mind about selling, have ethical or performance concerns about the agent, or you just don't find a buyer, you can get out of a listing agreement. But before you sign one, you should understand your options for terminating a listing agreement so you don't feel stuck in a bad situation.
Contingency Clauses Financing Issues: This clause allows the buyer to cancel the contract if they are unable to secure financing within a specified period. Home Inspection Results: If a home inspection uncovers significant issues, the buyer can either request repairs or choose to terminate the contract.
You should use the Listing Cancellation Form when you wish to terminate an existing listing agreement with your real estate agent.
The best way to end a contract early is to speak with the party you're in contract with. Simple negotiation is often all it takes to reach a favorable resolution. If they don't agree to ending the contract early, consider getting a lawyer to help you determine your next best step.
Maintaining a professional tone is crucial when writing a contract cancellation letter. Avoid using overly emotional or confrontational language. Instead, focus on being clear and respectful. For example, use phrases like “I regret to inform you” or “We have decided to terminate” to convey your message politely.