Legal Question in Real Estate Law in Florida

How binding are listing agreements? Want to fire realtor

Specifically, #9 on the "Exclusive right of Sale Listing Agreement". Want to terminate listing agreement and real estate agent says I cannot because we have a "contract". I signed a listing agreement, not a contract and my understanding is that all I have to do is put my request to terminate in writing and submit to the broker. THanks for you help.


Asked on 10/22/00, 2:14 pm

2 Answers from Attorneys
Barry Ansbacher Ansbacher Law Firm

Re: How binding are listing agreements? Want to fire realtor

Trust a real estate broker or any commissioned sales agent at your own risk. You probably did sign a contract and may be stuck.

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Answered on 11/15/00, 8:22 am
Scott R. Jay Law Offices of Scott R. Jay

Re: How binding are listing agreements? Want to fire realtor

A listing agreement is a contract. It is binding upon both parties and legally enforceable in a court of law. If you break the contract, the realtor may be able to sue you for damages including the full amount of the commission that he or she would have been able to receive if the property had been sold at the full listing price.

I am unable to respond to your question about Paragraph 9 as I have not reviewed the Listing Agreement and do not know what this paragraph states. The Listing Agreements vary from agency to agency and from county to county although there is generally a "standard" agreement in use in a particular area. There are statewide forms but they are not necessarily used uniformly.

As in any legal situation, you should consult a competent real estate attorney to review your documents answer your specific legal questions.

Scott R. Jay (305) 249-8000

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Answered on 11/15/00, 8:34 am


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