In the context of real property law, a listing agreement governs the terms of the sale of real property by a third party real estate agency or broker. A listing contract may cover issues, among others, such as the price and terms of sale, broker's commission, agency duties of a listing agent, whether or not the property will be listed with the local MLS (multiple listing service), lockbox use, and resolution of disputes.
There are at least ten ways that a listing agreement may be terminated.
" When a real estate broker successfully sells a property for their client the listing agreement is complete.
" Listing agreements are typically inclusive of a definite time frame. When this period of time is reached, the listing agreement is terminated. Automatic extensions are illegal in many states, and are highly discouraged.
" If a broker does nothing to market the property, the owner of the property may end the listing due to the brokers abandonment of the property.
" Sellers can revoke the listing agreement, however there may be damages to the broker for which the seller can be held liable.
" Brokers can renounce the listing agreement, however they may be held for damages to the seller.
" Death, insanity, or bankruptcy of either the broker or the seller will often terminate the listing.
" Destruction of the property terminates the agreement because the agreement cannot be performed.
" The listing agreement can be terminated through a mutual consent between the broker and the seller.
" If the use of the property changes significantly, the listing agreement can be cancelled.
" In the real estate market, transfer of title by operation of law can terminate the listing agreement.
District of Columbia Termination or Cancellation of Listing Agreement refers to the legal process by which a property owner and a real estate agent or broker terminate their contractual agreement to market and sell a property. In the District of Columbia, like in other jurisdictions, there are certain terms, conditions, and procedures that must be followed to terminate or cancel a listing agreement. There are several common types of District of Columbia Termination or Cancellation of Listing Agreements: 1. Mutual agreement: This type of termination occurs when both parties, the property owner and the real estate agent or broker, agree to end the listing agreement. The terms of the termination, including any outstanding obligations such as payment of commission, should be clearly stated in a separate written agreement. 2. Expiration: A listing agreement typically has a specified duration, often ranging from three to six months. If the agreed-upon duration has passed, the listing automatically expires, and the property owner is free to engage another real estate agent or broker to sell their property. 3. Breach of contract: If either party fails to fulfill their obligations as stated in the listing agreement, it may lead to a breach of contract. For example, if the real estate agent or broker fails to market the property effectively or if the property owner refuses to cooperate in the sale process, the innocent party may seek termination based on the breach. 4. Termination for cause: In the District of Columbia, real estate agents and brokers are subject to the jurisdiction of the District of Columbia Real Estate Commission (CREC). The CREC has the authority to investigate complaints and, if necessary, revoke or suspend a real estate professional's license. If a property owner believes that their agent or broker has violated the law or acted unethically, they have the right to request the termination of the listing agreement. 5. Termination by court order: In rare cases, a court may issue an order terminating a listing agreement. This typically occurs when there is a legal dispute between the property owner and the real estate agent or broker, and the court determines that terminating the agreement is the appropriate course of action. It is important to note that the specific terms and conditions of a listing agreement, including the procedures for termination or cancellation, may vary depending on the agreement between the parties involved. It is recommended for property owners and real estate professionals to consult a legal professional familiar with real estate law in the District of Columbia to understand their rights and obligations when it comes to terminating or canceling a listing agreement.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
