Home Selling in 18324>Question Details

Barbey, Home Seller in Hill AFB, UT

can u break a listing contract without being sued?

Asked by Barbey, Hill AFB, UT Sat Jul 16, 2011

Help the community by answering this question:


Please refer to the contract. If in doubt, consult an attorney.
0 votes Thank Flag Link Sat Feb 22, 2014
as agents we can not give legal advise
0 votes Thank Flag Link Sat Feb 22, 2014
I made a contract to sell my home between me and the buyer, realestate did not get involved, but they continued delaying the process with execusess about their busy lives and how they still have a contract that is not due until april the 10th, I continued to advertise the house on Graiglist just in case the paries that I made the contract with changed their mind or I changed my mind to sell them the houe; however, they found out that the house still advertised on graiglist for sale. can they sue me?
0 votes Thank Flag Link Sun Mar 24, 2013
I made a contract with a buyer to sell my home but I continued advertising the home on Graiglist the contract was made between me and buyer through my Attorney can they sue me for continue to advertise the house on the market through Graiglist?
0 votes Thank Flag Link Sun Mar 24, 2013
if I made a contract to sell my home and continue to advertise it on graiglist would the buyer sue me for violating the contract?
0 votes Thank Flag Link Sun Mar 24, 2013
We live in a litigious society.
You can be sued for anything; but winning is a different story.
Consult with an attorney who will give you a heads up on the situation.
Web Reference: http://www.321property.com
0 votes Thank Flag Link Sun Jul 17, 2011
It really depends on who your agent is. As unlikely as it truly is, there are some agents out there who will hold you to your contract. Most of us, however, have no desire to hold on to a hostile seller and will be more than happy to end the contract, but again, it all depends on the circumstances. Is there a dispute over paying commissions? Is the agent not doing their job properly?

In the instance of a seller finding his/her own buyer, you should have an Exclusive Agency contract in place, otherwise the listing contract for PA states that a commission is due to the broker regardless of who brings the buyer to the transaction. (And many times the buyer finds out about the home or becomes interested in the home due to the broker's marketing efforts and then goes directly to the seller...but it was the efforts of the broker that brought that buyer to the seller!)

In the instance of the agent not performing, then you should go to the broker and have a chat. Perhaps a different agent can be assigned to your listing.

It is rare that a broker will take the time and money to pursue legal action against a seller over a commission but it most definitely could happen. And no real estate agent worth the paper their license was issued on will take a listing that has a current and valid contract with another broker.

Good luck! You may want to involve an attorney if talking to the broker doesn't help.
0 votes Thank Flag Link Sun Jul 17, 2011
You may have a basis to break the contract, you should review the terms of the contract.

It takes time and money to sue someone, so unless the broker has a very good case, there is a good chance that they will just not pursue this.

You will never be 100% sure that you will not get sued.
0 votes Thank Flag Link Sat Jul 16, 2011
I can not give you legal advice. Your state dictates your laws. Read the listing contract. It states what you and your Broker are responsible to do.

I can tell you that here in California, if you are not under a contract with a Buyer most Brokerages will let you out of the listing contract providing for certain contingencies. And that is spelled out in the Listing Agreement and Cancellation of Listing Agreement.

Discuss everything with your Broker. They will want to do what they can to make you happy. If that can't happen, they can not make you sell your home, they can, however, hold you to the contract and not allow you to list with someone else (this is rare in our area).

Good luck. All the best to you.
Web Reference: http://www.terrivellios.com
0 votes Thank Flag Link Sat Jul 16, 2011
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