Listing Agreement Cancellation Clause With Seller In Santa Clara
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FAQ
You should use the Listing Cancellation Form when you wish to terminate an existing listing agreement with your real estate agent.
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.
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.
If you've officially decided to move forward with the cancellation, it's time to put it in writing and send it to the other party. When writing this letter, make sure to include the date the contract was drafted, the address of the home, the date of cancellation, and your reasons.
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.
