Legal Question in Real Estate Law in New York

Want to take house off the market

We just listed our house on the market 7 days ago. We decided that we are not ready to sell yet & would like to get out of our contract & remove the house from the market. We have had 1 person look at the house & they would like to make an offer. We also have another person coming to look at the house tomorrow. Are we able to get out of our contract with the realtor, and, if so, what penalties might we incur by attempting to get out of this contract?


Asked on 6/26/03, 8:46 am

4 Answers from Attorneys

Arnold Nager Arnold H. Nager, Esquire

Re: Want to take house off the market

If the Realtor brings you a buyer ready, willing and able to buy at your asking price and upon your terms, you will be liable for the sales commission.

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Answered on 6/26/03, 9:25 am
Seth Kaufman Seth M. Kaufman

Re: Want to take house off the market

I need to see your contract with the broker to be sure, but I expect that it contemplates the possibility that the house is taken off the market. You need to immedately exercise whatever rights the agreement provides in this respect. It does not make sense that you would have signed a contract with a broker that irreversably obligates you. Feel free to call me at 212-367-9167 to discuss ths further.

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Answered on 6/26/03, 10:08 am
Walter LeVine Walter D. LeVine, Esq.

Re: Want to take house off the market

You should be able to do this without responsibility, as long as you do not return the property for sale within the original listing period. If you relist with another broker and sell during the term of the original listing, a claim can be brought against you for the original commission. I suggest taking it off the market with an agreement that if it should return to the market during the original listing term, you will use the same broker.

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Answered on 6/26/03, 1:07 pm
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Want to take house off the market

You simply need to tell the agent to withdraw the house. Happens all the time. (Contract would still be enforceable should you sell during listing period)

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Answered on 6/27/03, 3:43 am


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