Legal Question in Real Estate Law in California

Re: Listing Real Estate

If there's a wrong, there's a remedy. It's true of life....and the law. If your realtor has been negligent in some fashion or failed to fulfill his/her duties, you have legal and justified grounds to rescind the listing agreement. If your property is in California, we'd be happy to advise you and assist you with your rights and remedies. -- Robert Sheppard of The Sheppard Law Firm. check out our Web Site at sheppardlaw.com Or call us at 415) 296-0900 extension 23

Re: Listing Real Estate

Assuming that the realtor has not done anything wrong nor failed to do something he should, you will be bound to the real estate agreement terms. However, most real estate sales agreements do not require you to sell the property, only that if you sell the property that you will pay a commission to the listing agent. You probably cannot "unlist" with your present realtor and sign up with a new one, without getting a written release from your present realtor. If you have changed your mind about selling the property let the realtor know so he doesn't advertising the property or incur expenses - for which you could be liable if you are not selling in good faith.

The best thing to do is to talk to the realtor or maybe her broker and see what options they will volunteer. You should also have an attorney read the language of your agreement to see exactly what you agreed to do.

Re: Listing Real Estate

It is my understanding that if the real estate agent produces a person that is ready willing and able to purchase the property at the listing price, your must sell the property. That if you fail to sell you can be held liable for the commission.

If you just no longer want to sell the property contact the real estate agent immediately and discuss settlement.

It would be a good idea to hire an attorney to review the listing agreement and look for a way out.

The sooner you act the more likely you will be able to get out of the listing agreement.