“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.
Have a question about this article? Submit it to the Legal Hotline!
The Legal Hotline is a member benefit that has been supporting members for over 25 years. Our team of lawyers answers your important questions about real estate transactions quickly and accurately (usually within three business hours!).
Here are some tips to help make the Legal Hotline work for you!
You might also like…
“Did the purchaser breach the contract?”
By Sean Olk - January 15, 2025
*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:… Read More
DOJ Anti-Trust Complaint Against Algorithms and Landlords
By Santiago Montalvo - January 15, 2025
On Tuesday, January 7, 2025, the Department of Justice amended an existing anti-trust complaint against RealPage to add 6 landlords alleging the sharing of nonpublic information to feed… Read More
“I represent a buyer. What disclosures is the seller obligated to provide us if unrepresented?”
By Ryan Leonard - January 9, 2025
*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:… Read More