Home Buying in 92101>Question Details

sharelljotte, Home Owner in San Diego, CA

Do I have to sign a cancellation of a Listing Agreement when it already expired over 1 month ago?? Agents mistake for not noticing the dates

Asked by sharelljotte, San Diego, CA Tue Jan 28, 2014

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The listing agent should be aware that your listing is coming up to expire. It his/her duty to get in touch with you to discuss your next option. I wouldn't wait around for the agent. It seems like she either has too much on her/his plate or "its just another listing".According the the listing agreement, once it expired, its over. You can resign a new listing agreement, or take it off the market. Find someone who will keep you updated and communicates with you. I only take on five clients at a time, so I can spend time with the needs of all my clients whether a buyer or seller.
Nancy Bergman
Realtor - Cal BRE #01893550
Cell (858) 617-9449
Email - nbergman1@live.com
website - http://www.sandiegohomesbynancy.com
0 votes Thank Flag Link Thu Jan 30, 2014
Looks like you have already received some good answers. No, you do not have to sign a cancellation of listing agreement if the listing agreement has expired. Of course this has me thinking. Do you still want to sell? Let's talk.

Bly's Realty Group

Richard Bly:
Broker - CA. Notary Public

CA. Real Estate Lic. #01765273
0 votes Thank Flag Link Wed Jan 29, 2014
Maybe the agent doesn't want to have an expired listing in her history. A cancellation looks better.
0 votes Thank Flag Link Tue Jan 28, 2014
I wouldn't think so if it's already expired! There's no contract to cancel!
0 votes Thank Flag Link Tue Jan 28, 2014
Yes, It was the Agents mistake by not noticing it over a month ago. Personally I would call the Broker and report the listing agent. I would not sign it.
0 votes Thank Flag Link Tue Jan 28, 2014
If you listing contract has expired you need do nothing except ask the agent why you are being troubled with this detail. Is it because the agent wants to provide cover for his/her error? If the agent is uncooperative, speak to the agent’s broker.
0 votes Thank Flag Link Tue Jan 28, 2014
No cancellation is necessary.... I can only think of three reasons.

1. The MLS is requiring contract documentation.
2. Company policy.
2. The broker wants in writing that the listing is cancelled. So if the MLS listing had brought a client then they can argue procuring cause.
0 votes Thank Flag Link Tue Jan 28, 2014
Hi there cancelled and no signatures are required.
0 votes Thank Flag Link Tue Jan 28, 2014

If it has expired and if you are not currently under contract with a buyer, then you are free to decide whether to continue with same agent, or hire a different one. Hopefully this helps, please feel free to contact me directly if you have any questionsor need assistance.


Rashard Scott
RBD Residential
Phone: 619-565-3604
Fax: 619-342-3332
Email: scottie1421@gmail.com
Website: http://rashardscott.backagentsite.com/
CA BRE# 01703306

Powered By Big Block Realty
0 votes Thank Flag Link Tue Jan 28, 2014
Hi Sharelijotte,

If you have a signed Residential Listing Agreement that states an expiration date of over a month ago, call your agent's broker and demand that they remove it from the MLS and cease all marketing efforts on your behalf. No cancellation necessary if it expired.

Good luck!

Barbara Grandolfo
0 votes Thank Flag Link Tue Jan 28, 2014
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