www.cityofoceanshores.com is owned & ran by Jeff Daniel
Phone 360.581.9020 ~ Fax 360.289.2454 ~ email@example.com
711 Point Brown Avenue NW ~ Ocean Shores, WA 98569
Jeff Daniel is a licensed real estate broker for John L. Scott Ocean Shores
in the great State of Washington. License #49693
©2013. All rights reserved. Information deemed reliable but not guaranteed.
Cancel that Listing Agreement
Anyone doing a poor job working for you should be able to get canned!
What's your biggest fear when you list your home with a real estate agent?
You worry about being locked into a lengthy listing contract with a less than competent real estate agent, costing your home
valuable marketing time and exposure on the market.
Sure the agent did a great job during the listing appointment to get the listing, but then after that, they disappear. They
don't return your calls promptly like they did in the beginning. The flyer box is empty and stays empty. The sign blows down
and they don't fix it. There are only 4 pictures online. Your miserable and are completely wasting your time now. This happens
unfortunately but it doesn't have to be this way and you can cancel that agreement.
Worry, no more. I've taken the risk and fear out of listing your home with me.
List with me and you can cancel your listing with me at any time. If I haven't performed to your satisfaction I'll cancel your
listing contract within 24 hrs. No hassles. No fee's - zero, zilch, nada. You can cancel with a phone call. It doesn't even need
to be in writing. The sign will come down, the listing will be cancelled on the NWMLS website.
I have strong opinions about real estate service. I believe that if you're unhappy with the service you receive, you should
have the power to fire me. It takes a strong belief in the quality of one's services to take this kind of stand, but I've never
settled for less than the highest professional standards.
Now this might sound special to you but it shouldn't. In fact, any seller can cancel their listing agreement with their listing
agent/broker for any reason they want. It's just that most agents and brokerages don't tell you this up front. See below for
"a seller can legally cancel at listing at any time..."
Legal Bulletin 134 NWMLS
Christopher R. Osborn
Attorney at Law
CANCELLATION OF LISTINGS
Definitions. "Canceling" a listing, as used here, means by the seller without the consent of the listing broker. (If the listing
broker agrees, it is a "release".)
Seller Can Cancel. A seller can legally cancel a listing at any time -- with or without grounds. A listing agreement only creates
an agency relationship -- like lawyer/client or accountant/client. RCW 18.86.070(d) states that an agency relationship may be
terminated by notice from either party to the other. However, such termination does not affect the contractual rights of
either party. Therefore, the seller can cancel the listing orally or in writing.
So, the question is not whether a listing can be canceled -- it can. The question is whether the seller is liable in damages for
Seller - Liability for Cancellation. If a seller has legal grounds to cancel a listing, the seller is not liable for damages. "Legal
grounds" includes such things as: breach of the listing agreement by the broker; violation of the broker/agent fiduciary duty;
broker malpractice; etc.
However, where the seller cancels a listing without legal grounds, the listing broker is entitled to damages. The listing broker's
damages would at least be his/her out-of-pocket costs. This should include such things as advertising, flyers, travel, open
house expense, special signs, long distance phone, mailings to prospective buyers, etc.
Realistically, there isn't going to be any damages and you'll want to clarify this up front with your listing broker before
cancelling of course. If you have any questions about this matter or anything to do with Ocean Shores Real Estate, please
give me a call at 360.581.9020. Thank you.