Listing Agreement Cancellation Clause Within Article Iv In San Diego
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In some cases, you may be able to unilaterally cancel the listing agreement, but this is typically more challenging and may involve legal consequences. To do so, you must demonstrate that there was a legitimate reason for the cancellation, such as the agent's misconduct or a significant change in your circumstances.
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.
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.
Termination clauses can always be customized but standard ones are included in almost every agreement.
First off, without a defined expiration date, you didn't have a ratified listing agreement. Second, in California, as of 2024, you cannot have a listing agreement term for longer than 24 months, and if you essentially had an indefinite listing agreement, this would be unlawful.
Final answer: In terms of a real estate transaction, the ability to cancel a listing during the term of the listing agreement primarily lies with the seller and the broker.
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.
