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.
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.
In summary, confidentiality, disclosure, loyalty, and reasonable skill and care are duties that may still be owed by the real estate agent even after a listing agreement expires.
“'Expired' means your home is off the market,” explains Mary Beth Sales, a real estate agent in Beverly Hills, CA. But that's not all: An expired real estate agreement also means you're no longer tied to your real estate agent.
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.
Once this agreement expires, your real estate agent no longer represents you. It also means your listing will officially no longer be for sale, as it will be removed from platforms like Realtor®. It will also be removed from the multiple listing service, also called the MLS.
A buyer who receives a home inspection report and is dissatisfied and wants to terminate the agreement, merely does so in writing. The document that is used to exercise a right of termination granted by the agreement is the Notice of Termination of Agreement of Sale (TER).
Listing agreements are typically automatically terminated under the following conditions: Expiration of the Listing Agreement: If the time period specified in the agreement comes to an end without a sale, the agreement automatically expires.