Termination Of Contract For Convenience In Philadelphia

State:
Multi-State
County:
Philadelphia
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

Contract end by performance. A contract can end when the parties have done all that the contract requires of them. Contract end by agreement. A contract can end when both parties agree to end it before the work is complete. Contract end by frustration. Contract end for convenience. Contract end due to a breach.

Mutual Agreement: Both parties may agree to terminate the contract early. This is often the simplest and least contentious method. Termination Clauses: Many contracts include specific clauses that outline the conditions under which the contract may be terminated before its natural conclusion.

The termination for convenience clause is designed to give the terminated party a more fair and equitable result than if it were terminated for cause since the termination does not result from its wrongful conduct — a breach of the contract.

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).

Most contracts for the supply of goods and services contain a termination clause (also known as an ipso facto clause) which, on the occurrence of an insolvency-related event, either: 1. Automatically terminates the contract, or 2. Entitles the supplier to terminate the contract.

Termination for Convenience. Either party may terminate this Agreement without cause and at any time upon giving 30 days' prior written notice to the other party (each, a termination for "Convenience"). Such termination will be effective on the date stated in the notice.

How do you write a Termination Agreement? Provide the names and mailing addresses of each party involved. Provide details from the original contract. Select a termination date after which the contract will no longer be in effect. State if either party is providing compensation as part of the Termination Agreement.

Directly state your purpose for writing in the first paragraph of your letter. While maintaining a respectful tone, succinctly state why you've chosen to terminate the contract. In addition, specify the date you intend to officially end your working relationship.

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.

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Termination Of Contract For Convenience In Philadelphia