Any way to terminate a listing agreement is seller refuses to sign?
5,304I have an incredibly difficult client. They have cut off contact by phone, email or text. I have provided a completely acceptable contract they have refused to respond to, they will not authorize additional showings or sign the termination of listing. I have discussed with my broker but wanted other opinions. Not asking legal advise, just wanting to see if you have been through similar circumstances and how it was handled. It is my belief the listing contract has duties and expectations from both broker and seller. When one party does not hold up to their contractual duties, in this case multiple, at what point can the contract be terminated without mutual consent?
4 answer(s)
About 6 years ago
My understanding is that Broker has the right to terminate the listing as well as the Seller, with written notice. I don't see any good reason why Seller would keep Broker if they are not happy.
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DislikeAbout 6 years ago
Have you checked if sellers have sold the house some other way without your knowledge? You might be entitled to commission if they have done so.
In this situation, it will be better to leave to your broker's discretion. He/she might seek legal advice on this matter.
In this situation, it will be better to leave to your broker's discretion. He/she might seek legal advice on this matter.
About 6 years ago
That's interesting and I look forward to seeing how things turn out if you could update us. Times I've had problems with sellers like this I've just sent a letter to them, certified if needed terminating the relationship. Never had any problems but if they aren't responding to offers you have another issue on your hands because you could be owed some money.
About 6 years ago
It is unfortunate you are in this situation. Paragraph 13, 16 and 17 do detail a seller's responsibility to uphold their end of the contract as well as ways to resolve it. Your broker is ultimately responsible and you should definitely defer to their direction and be on the same page. You can also seek guidance/input from the Legal Department at Texas Association of Relators. Since it is a contract any advice on how to handle it would be legal advice and best handled by those with full knowledge and expertise.
source:
https://www.texasrealestate.com/for-texas-realtors/legal-tools
https://www.texasrealestate.com/for-texas-realtors/legal-tools
Disclaimer: Answers provided are just opinions and should not be accepted as advice.
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