Legal Question in Real Estate Law in California

If I fire my realitor am I still obligated to the contract period of the realitor


Asked on 2/16/12, 4:36 pm

4 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Usually, a Realtor and a property seller will have signed one of three pretty standard listing contracts, the main difference between them being the degree of exclusivity in selling privileges granted the Realtor. Under any of them, the listing broker will be entitled to do certain things for the duration of the contract, including collecting a commission if and when the property sells to a buyer found by the broker during the life of the contract. So, unlike an employee, you can't really "fire" a broker. Even if you sell the property to someone you found entirely through your own efforts, the broker will usually be entitled to a commission.

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Answered on 2/16/12, 4:59 pm

Mr. Whipple is right UNLESS you fire them for cause. Breach of the listing agreement, breach of fiduciary duty, etc. are grounds to terminate the listing contract early. You have to have legally recognized grounds to fire them, otherwise you are stuck with them, or at least paying them their commission.

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Answered on 2/16/12, 11:18 pm
Terry A. Nelson Nelson & Lawless

Yes. That is the whole point of a strong listing agreement.

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Answered on 2/17/12, 3:19 pm
Anthony Roach Law Office of Anthony A. Roach

Problems arise when you terminate your broker under a listing agreement, and then sell property with another broker during the term. This is especially true when the broker can show that they procured a willing and ready buyer. I suggest having the listing agreement reviewed by a competent real estate attorney, and going over the facts in detail.

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Answered on 2/19/12, 11:09 am


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