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A: Yes, you can terminate the contract with your realtor. The terms by which the termination can be made should be spelled out in the contract.Most listing agreements however provide for the payment of commission if the seller terminates the agreement early or otherwise blocks or prohibits the sale of the property.
How Do You Terminate a Listing Agreement? Technically, a listing agreement is a contract so there's no provision for it to be terminated. Before signing the listing agreement, you can ask your real estate agent if they'll allow written terms for ending the contract early.
As a last resort, a homeowner may file a lawsuit against the seller within a limited amount of time, known as a statute of limitations. Statutes of limitations are typically two to 10 years after closing. Lawsuits may be filed in small claims court relatively quickly and inexpensively, and without an attorney.
To be perfectly clear, you can always back out of a real estate purchase contract at any time before closing. There's no way the seller can force you to actually purchase the home. However, if there's no valid reason for backing out as defined in the contract, you'll likely lose your earnest deposit.
Canceling a listing contract for your home should be a straightforward process, particularly if your real estate agent hasn't brought in any potential buyers. You can ask for a release, or if it's a large firm, request a different agent. The terms of cancellation should already be spelled out in your contract.
If the sellers concealed a known defect, you can sue for fraudulent misrepresentation. You will have to prove that they actually concealed the defect, as opposed to having perhaps been unaware of it.
Incomplete and duplicate contracts. No permits. Easement errors. Mineral rights. Failure to review or recommend survey. Contract drafting. Failure to review title. Loss of earnest money.
Look for verbiage such as cancellation or termination. Many contracts allow you, the seller, to cancel the listing without penalty, as long as the agent agrees to cancel it, too.An agent can misspell words or use the wrong words, and a home will still sell.
Working with a seller's agent is always an option when you're buying a house, but should you?In the real estate biz, one agent representing both the seller and the buyer is called dual agency. Although it's legal in some states, many real estate agentsand house hunters, toosee dual agency as a conflict of interest.