The written listing agreements in real estate must not contain a self-renewing clause. However, they must contain elements like property description and a definite expiration date. It's also acceptable for them to contain a clause requiring the broker to deliver the agreement to the seller within a certain timeframe.
The listing agreement is a legally binding contract between the broker and the seller, so any modifications or amendments to the contract need to be agreed upon and documented in writing by all parties. This ensures that there is a clear record of the changes made to the listing agreement.
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.
"Exclusive right to sell" is a type of listing contract you enter into with a real estate agent. Put simply, it says that the signing agent is the only person allowed to market and sell your property for a certain amount of time. Generally, these agreements last anywhere from one to six months.
Under an exclusive right-to-sell agreement, the listing firm is offered compensation in the event of a sale regardless of who procured the eventual purchaser.
An exclusive right to sell grants a single real estate agency exclusive authority to market and sell a property, ensuring the listing agent earns a commission regardless of who finds the buyer. While this agreement is active, the property owner cannot use another 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 written buyer agency agreement must have a definite end date and will automatically expire on the end date. In addition death of the buyer or when the buyer purchases a property will terminate the buyer agency 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.