“My seller wants to terminate our listing agreement but hasn’t signed the Release of Brokerage Agreement. Do I stop doing showings?”
December 31, 2024
*Please note: Any questions regarding Legal Hotline Spotlights should be submitted via the Virginia REALTORS® Legal Hotline. Our attorneys are unable to respond to questions through our comments section.
Q: I have a listing and the client has elected to terminate our listing agreement. We sent him the Release of Brokerage Agreement but the client hasn’t signed. In the meantime, the property is still on the MLS, and we continue to get requests for showings and offers. Should we stop doing anything on the property?
A: In a situation like this, you would probably want to continue following your duties under the listing agreement (including forwarding offers and doing showings). Without a signed release, the seller could turn around and accuse you of violating the listing agreement if you don’t perform the duties listed in there. If the seller won’t sign the release but also won’t allow you to do your job (for example, if they refuse to make the house available for showings), you should talk to an attorney about a possible breach of the agreement by the seller.
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