Legal Question in Real Estate Law in California
Situation: we have a house that has been listed almost 2 years and not sold, nor any offers. Is it legal to have the listing agent take it off the active market, remove sign and do not show or advertise it and just let the contract just expire? What if, during that time, WE actually find a buyer and sell it ourselves to someone who has never had any contact with the listing agent.
2 Answers from Attorneys
What you can do depends upon what the contract with your agent says and what the agent is willing to agree to. After 2 years the agent should be willing to drop the property. But as long as their is an agreement to an exclusive listing, no mattter who buys the property the agent is enttiled to a commission. Once it is a non-exclusive agreement then if the agent did not obtain the buyer you woiuld not have to pay the commission.
Why in the world are you still under contract for a listing after two years? Most listing agreements expire in six months or less.
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