Can a Listing Agreement be unilaterally cancelled by the brokerage?

[Souix]

What is the name of your state? Oregon

I have read our entire listing agreement and find nothing regarding this. I would speak to my pb but all my mail goes to her junk mail folder and she probably wouldn't know anyway.

I have some very weird, strange and probably litigious clients on this one property and I want to cancel their listing with me without their consent. Can I do this?

Not all clients are wonderful.

 

[krispenstpeter]

Sioux, if you are working with a broker who has approved a contract without a cancellation clause, you are working for an idiot.

Are you sure there is not one word in the contract stipulating conditions for cancellation? Is there at least a provision for the timeframe controlling the contract?

 

[JETX]

"I want to cancel their listing with me without their consent. Can I do this?"
*** Without benefit of reviewing your contract, there is no way that this can be accurately answered. And since you have already admitted that this client is litigious, I would suggest you spend the relatively small amount of cost (versus a lawsuit) to have a local attorney review the contract for you.

 

[Souix]

Sioux, if you are working with a broker who has approved a contract without a cancellation clause, you are working for an idiot.

Are you sure there is not one word in the contract stipulating conditions for cancellation? Is there at least a provision for the timeframe controlling the contract?

***These are pre printed State of Oregon forms for Realtors. There is a beginning date and an ending date (the expiration date), there is no provision for a Real Estate Brokerage to cancel the listing agreement unilaterally. There IS a provision for the client. According to your reply, my pb is an idiot because we are using the State forms????? All I can see regarding the "Term" of the Listing Agreement is that any extension or removal of the Agreement has to be signed by the Broker and the Seller. I am not the seller I am the Listing Agent!***

 

[HomeGuru]

Please post the link to the specifc contract form.

 

[krispenstpeter]

Souix;

I just wanted to clarify my 'idiot' comment. I have two attorneys and a CPA among my companies and I still review all contracts. The major sticking point in everything I do is the presence of an 'escape' clause.

If it ain't there, it ain't gettin' signed. PERIOD!

Anyone who signs a contract without provisions for a legally viable escape is, in my PERSONAL estimation, inviting problems.

And now we return to our regularly scheduled programming....

 

[Souix]

Please post the link to the specifc contract form.

I just want to be able to say, "I am cancelling your listing, you don't have to sign anything"....because they are on the road moving to Florida. Actually the owner of the property is very nice, its her boyfriend who is the maniac....I have no fiduciary duty to him, but he is the one calling me all the time and making my life miserable. There is no amount of money in the world to make me want to take his abuse, so I would rather just cancel the listing and let them abuse someone else. Thanks for your time.

I just deleted the link, it was taking the public to a place they should not go. Sorry. HG, email me if you want the link and I will email the form to you. Thanks

 

[JETX]

With that, the question.... Is he a signer on the listing agreement?? If not, simply tell him that you can ONLY communicate with the 'contracted party' and remove him from the equation.

Also, your link doesn't work. Looks like a typo in it.

 

[Souix]

With that, the question.... Is he a signer on the listing agreement?? If not, simply tell him that you can ONLY communicate with the 'contracted party' and remove him from the equation.

Also, your link doesn't work. Looks like a typo in it.

****Thats odd, it works for me. Anyway, no he is not on the deed and he did not sign the contract because he is not the owner. My plan is to tell him that I will only be talking to the owner of the property from now on. Its a really odd situation because I know she is sitting right there listening to him but she won't do anything about his behavior. Then when she gets on the line she is nice. Its making me crazy.***

 

[JETX]

The reason the link works for you is that it is a password protected site for members only.... and presumably you are a member.

 

[Souix]

The reason the link works for you is that it is a password protected site for members only.... and presumably you are a member.

***Yes I kind of figured that out, and thats a good thing. I will try and see what our MLS has that I can link to***

 

[HomeGuru]

Or give us the password.

 

[Souix]

Or give us the password.

Yeah right...no way

 

[HomeGuru]

Just thought I'd ask.

 

[Souix]

Just thought I'd ask.

***I'll think of something else. Would it be on our State website?***