Two times my agent requested early termination from ERS Agreement. The two forms they signed are (1) An MLS Status Change for "Withdrawn Unconditional." (2) A Modification to Listing Agreement stating: "Broker and Owner/Seller hereby agree to Unconditionally terminate the Agreement. Owner/Seller agrees to reimburse Broker for all direct expenses incurred in marketing the Property. Broker and Owner/Seller mutually release each other from all obligations under the Agreement and release each other from any and all claims and actions arising from or related to the Agreement." "This Modification to Listing Agreement amends the above-referenced Agreement between Owner/Seller and Broker. All other non-conflicting provisions of that Agreement remain in full force and effect."
Are both required? Or is the Withdrawn Unconditional sufficient to terminate ERS? From asking various realtors, the Withdrawn Unconditional form is all that FL requires. However, my broker is not treating it as such. Thank you.
This is not a tax law question. I am changing the category of your question to "Real Estate" so you will get more responses.
Ms. Willi is a tax attorney, CPA, and Ohio-Certified Specialist in Estate Planning, Trust & Probate Law, with offices in Westerville, Ohio. She serves client families and private business owners throughout Ohio. Ms. Willi responds to Avvo questions as a public service to help educate and provide general guidance to questioners, but her responses are not legal advice and do not create an attorney-client relationship. Her posts are provided for informational purposes only and are not a substitute for advice provided by an attorney or licensed tax professional. Her phone number is 614-890-0500 and her website is www.willilaw.com.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline