Legal Question in Real Estate Law in California
Mobile home realtor's authorization and right to sell contract
There is written agreement that escrow will close 1-5-09. I've been asked to extend the closing date an additional 4 days. I told them NO and if they cannot perform then I don't want to sell the house, that I want to take if off the market.
The realtor said I do not have a legal right to take the house off the market, that I MUST allow the extension. Our agreement ends on 2-4-09.
Here is an excerpt from the contract I have with the realtor:
1. Seller hereby employs (name of realtor) herein, and in consideration of the services of dealer, hereby exclusively and irrevocably list the dealer the mobile home and grants to dealer the exclusive right to sell the same.
2. Dealer is herby authorized to accept the offer of any purchaser which shall be in accordance with the terms herein and to accept a deposit from a purchaser for the sale of said mobile home. If during the listing period or any extension thereof, dealer produces a ready, willing and able purchaser for the mobile home, the commission set forth in this agreement ids deemed earned. Seller agrees to pay the commission as set forth above to dealer and dealer's place of business and the same is designated a lien against proceeds of sale of same.
2 Answers from Attorneys
Re: Mobile home realtor's authorization and right to sell contract
I'd say the dealer is probably correct. He seems to have an irrevocable power to sell as your agent. I have not done any situation-specific research to see if there is some public policy against such a power-to-sell contract in the mobile home context, but just based on the words of this listing agreement, the dealer seems to have an irrevocable power to sell. It's remotely possible there is some provision in the contract of sale that doesn't meet the deal terms the dealer must come up with, but I don't see that in the facts you've given.
Re: Mobile home realtor's authorization and right to sell contract
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