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Listing Contract

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beckaloo

Junior Member
What is the name of your state (only U.S. law)? Arizona

I co-own a property with my 2 siblings that has been on the market for the past 6 months. Recently, I have decided to try to buy them out of their portion. Last Friday we received the following email from our agent...

"Folks,
Your lack of timely response gives me no option but to cancel the listing effective immediately as your lack of action is preventing me from moving forward with my company transfer and my ability to work with other clients. This email is your notice of cancelation.
The property will be taken out of all marketing today.
In the event the property is sold to anyone or agent's clients I have worked with a full commission will still be owned me.
The lockbox and sign will be removed. The key will be mailed to you via certified mail with a signature required."

2 Hours after this email was rcvd, another was emailed saying that in light of my sibling responding, the agent would continue to work with us. My question is at this point (along with this, there has also been a series of conflicts of interest with this agent...can I legally hold the agent to the cancellation that they emailed?
 


justalayman

Senior Member
I have to presume you did not exclude anybody from an eligible buyer that would trigger the commission being owed to the agent, including yourself, right?



I'm not sure an email is legally acceptable for any notice. It is being accepted more and more in the courts for various actions but not sure on this one. Does it say anything in your contract regarding notice by email?


Is there anything in the contract at all regarding termination of the contract?
 

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