The Court held that under the law of agency, the seller's death terminated the relationship and the listing contract between the seller and the real estate agent.
- Death, incompetence, or bankruptcy of either principal or agent terminates a listing contract.
California case law suggests that where the listing agreement has a fixed term, it may not be unilaterally terminated by the agent (though the client may unilaterally terminate). The agent may "renounce" the agency, but if the client is damaged by the renunciation, the client may sue for damages.
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.
Why can you terminate a listing agreement? Poor communication: You may cancel a listing agreement due to an agent's poor performance. Bad marketing: Real estate is competitive, even in a seller's market. Unethical behavior: Agents have a fiduciary duty to serve a home seller honestly and ethically.
Key reasons for termination include fraud or mistakes during formation, changes in law rendering the contract illegal, breaches by any party, and mutually agreed-upon terms for ending the contract under specific circumstances.
In general, valid reasons for terminating a listing agreement include: A) Mutual agreement between the seller and agent, B) Completion of the sale, and C) Expiration of the agreed-upon time period, as these reasons reflect the successful conclusion or mutual termination of the contract.
If I was wanting to cancel, the first thing I would do is contact the listing agent and explain why you want to cancel. Most of the time the listing agent will release you from the agreement. If they are resistant to releasing you from the agreement contact their Broker/manager and explain.