Expert Advice When You Need It Most

Can we terminate a 1 yr. listing agreement in the 8th month when our realtor is having open-heart surgery and out for 6-8 wks?

Asked over 2 years ago - Delray Beach, FL

1 year listing in a resort market and the best time of the year is coming up in the next 3 months. We respect our agent but fear recuperation will only negate our chances in an already down market. We are willing to pay the commission to our current realtor, should the home be sold to any of his clients that are specifically named in the new listing agreement. The new listing would be for the term of 90 days, which should allow for his recovery and we will agree to re-list the property with him after that term.

Flag

Save

Share with:

Attorney answers (2)

Janet Marie Richmond

Reputation Level 5

Answered over 2 years ago. Workers' Compensation Lawyer in Sacramento, CA.

Flag

Depending on what the listing agreement says about someone else from his office stepping in, if he doesn't perform under the contract then he has breached it (he is in default) and you will need to look at what your rights and remedies for breach or non performance are in the listing agreement.

You should ask the broker to agree in writing to terminate the listing agreement. If he won't, then you will have to inform him that he has defaulted.

You are under no obligation to re list with him.

Hope this helps.

Mark as good answer

Add comment

Lucreita D. Becude

Reputation Level 14

Answered over 2 years ago. Contracts / Agreements Lawyer in Jacksonville, FL.

Flag

To begin with, if your agent is out of the office, on vacation, or in this case surgery, your listing is on the MLS and I am sure your agent has someone in the office covering for him while he is out. This is no way will affect your chances of a buyer looking at your house or affect the contract you have with him. If you cancel the listing, you will need to read the contract you signed to see if there is a penalty, fee or etc.

Mark as good answer

Add comment