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 more info�

“a seller can legally cancel at listing at any time…”
Legal Bulletin 134 NWMLS

Christopher R. Osborn
Attorney at Law
Revised 9.1.1997
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 canceling.

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.

http://apps.leg.wa.gov/rcw/default.aspx?Cite=18.86.070

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.