Legal Question in Real Estate Law in California

Re: Sale contract need answer asap

If you signed a contract, unless it is one of those rare ones where there is a right of rescission, you are in contract to do whatever you promised to do, such as pay a commission, perhaps, or sell a house.

You didn't say whether the contract was a listing agreement or a purchase or sale agreement, but your facts suggest it was a listing.

If ReMax has released you from the contract, it shouldn't matter whose form they used. California Realtor doesn't have a monopoly on publishing real estate forms.

The important question here is whether the Southland form is the right Southland form, and what has been filled in to the blanks it.

Since paying a double commission is a large and needless extra expense, I'd say before you re-list the property or try to sell it yourself, take the original listing agreement and the listing cancellation to a local real estate attorney and buy 1/2 hour of services to get an opinion on the effectiveness of the second document to terminate the first. Possibly if the lawyer thinks you might be a future client on other matters, you might get an opinion for free - it really shouldn't take more than 10 minutes study.

Re: Sale contract need answer asap

Something doesn't add up here.

Either you are badly mistaken, who ever you talked to is dishonest or new at the business, etc.

Easy answer is to retain a real estate attorney, who should be able to look at all the paperwork and answer your questions relatively quickly.

Re: Sale contract need answer asap

Also, if you wish to cancel because you no longer want to sell the house, and you signed an exclusive listing agreement with them, it normally expires after 6 months. Try to increaae the terms of sale so that it is unlikely they will get anyone to match your demand. If they do get someone, then it may in fact be worthwhile to sell at that high price. How long has passed since you told them you wnated to cancel and when you signed? Why do you not want to use them anymore? If they hid any information from you you might be able to use that.