Legal Question in Real Estate Law in California
its not my fault
I wanted to sell my house, so I contacted a realty company
and explained all I wanted and signed the contract. I asked
the agent to please hold off a couple of days so I could
clean up the place a little and he agreed. The next day I walk outside and there is a sign already put up in my yard.
Later that day, my son informs me that he got married and
wants to have him and his wife live with me.The house was to big for just me and my wife, but now its just right be-
cause of my son moving back in. I called the agent and told
him I want to cancel and they accused me of wanting to go
with a different agency. Is there a way to cancel this?
2 Answers from Attorneys
Re: its not my fault
Yes you can cancel. There may have to be some negotiations.
The contract should be reviewed, and the "just right" attorney letter sent out.
JOEL SELIK
Attorney at Law
CA Real Estate Broker
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Re: its not my fault
A listing agreement is a contract, and when you and the broker fill one out and sign it, you are both bound by the written terms.
Listing agreements used today generally have a section called "Broker Compensation" or the like. Find that section and read it carefully.
You will probably discover that the broker is entitled to a commission if you take the property off the market, or do anything else to thwart a sale.
So, you are probably going to have to negotiate a fair settlement with the broker....some would let you off the hook (but they don't have to) for a small fee to cover the costs they've incurred to date.
The reason you give for taking the property off the market is not a valid excuse for breaching the listing agreement.
Very often
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