Listing Agreement Real Estate Withholding In Arizona
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Arizona Constitution Article XXVI Article 26 of the Arizona Constitution is called the ''Right of Licensed Real Estate Brokers and Salesmen to Prepare Instruments Incident to Property Transactions.
If you're planning to buy a home in Arizona, you'll now need to sign a buyer-broker agreement before touring properties with a real estate agent. This requirement is part of a nationwide change attached to a court settlement by the National Association of Realtors (NAR).
While Arizona law provides flexibility in terminating listing agreements, there are circumstances where a seller may not be able to cancel their agreement freely. This usually happens when the real estate broker or agent has already performed substantial work under the terms of the agreement.
Listing agreements are usually cancelled only with the mutual consent of the involved parties. Depending on the terms of the agreement, a Broker may be not required to cancel the listing at the owner's request. The listing agreement may obligate the consumer monetarily after cancellation.
An open listing enables multiple real estate agents to try to sell your home. This setup gives the seller the ability to work with multiple agents at once. This differs from an exclusive listing, in which the seller works exclusively with one listing agent to find a buyer.
If you back out without cause, the buyer can bring legal action for breach of contract. That means you could be facing a lawsuit where the buyer seeks compensation. Depending on the buyer, the lawsuit may seek financial compensation or even specific performance, forcing you to sell your home.
The answer in Arizona is no unless the buyer is in breach of the contract. A buyer and Seller are legally under contract once both sign the contract and it is delivered. At that point it is a legally binding contract.
