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Read : how easily you can cancel any real estate contract
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HOW TO CANCEL REAL ESTATE CONTRACT Canceling a Contract With Your Agent
Recognize the difference between buyers and sellers If you are in the market to buy a house, it should be easy to break off an arrangement with a real estate agent. As a seller, however, you will find that your agent has invested considerable money toward advertising your property and might be disinclined to let you go. To maintain a good record of customer service, most will allow you to end the relationship, but you could encounter some difficulties.
Look for an opt-out clause These clauses are common with large, national companies. They allow you to exchange one agent at the company for another. If you have a problem with the individual, but are content with the company, this is a relatively painless way to rectify the situation Other contracts include a termination fee, which allow you to void the contract completely for approximately $300 to $500
Talk to the agent Discuss whether you want to break the contract with an agent because you have decided not to sell your home, or because you are not happy with the service the agent is providing. If there are no provisions in the contract for voiding the agreement, you will often need to negotiate over a termination fee. The agent might ask you to cover the expense of advertising. If you do negotiate an early end to the contract, be sure to get the agreement in writing that all of the stipulations of the original contract are void. Oftentimes the original contract will have provisions that would allow the broker to receive commission if you sell the house independent of him.
Wait until the contract is voided If you manage to sell the house during the contract period and you have an exclusive right-to-sell agreement, the agent will be owed a commission, even if you brokered the exchange without their active involvement. But, if it is an exclusive agency agreement or an open listing, you may not have to pay commission to the broker. Be sure to review the listing agreement to determine the commission liability. Most brokerages allow a cancellation of the listing agreement without question. If a listing agent has put considerable effort and money into it and the seller wants to cancel before the listing expires, then the listing agent may attempt to be reimbursed but if the listing agreement has no mention of that, then the seller is not obligated.
Find violations in the contract If the agent is unwilling to release you and you do not want to wait for the contract to expire, the only remaining option is prove a breach of contract. If you can prove that the agent did not perform tasks that are outlined in the contract, you may be able to legally break it. This should be a course of last resort, because breach of contract will ultimately need to be proven in court. It is extremely rare that your agent would be inclined to take you to court over a contract. However, alleging breach of contract can quickly escalate the situation.
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