Q&A: Getting Out of a Listing

Q. I like my REALTOR® and believe she is doing everything she can to get my home sold. I have had my home listed for 3 months and unfortunately, because of a family emergency I need to take the home off the market. What do I need to do to “un-list” it?

A. From time to time it becomes desirable or necessary to cancel a listing prior to the expiration of the time frame which has been agreed upon. Most brokerage firms and REALTORS® would probably be very understanding if the reason was a family emergency rather then the seller simply changing their mind about the agent or about selling the property.

Everything has a process

If the Brokerage/REALTOR® are agreeable to releasing you from the listing contract, then both you, your REALTOR® and her broker will need to sign a mutual release which will release all parties from further obligations.

Minimal fee clause

I recommend that you check your listing contract to see if you agreed to a minimal fee in the event of an early termination. Some real estate contracts now include such a provision to address the possibility which now faces you. The brokerage/REALTOR® have spent money on advertising the property for the 3 months of the listing and it is not unreasonable that they would want to be compensated for those expenses.

You would be prohibited from selling the property to anyone who has viewed it during the listing period because the agent would be seen as the procuring cause. But I understand your reason is NOT to avoid selling or to get rid of or go around this specific agent, it is just a matter of BAD TIMING.

Best of luck with the required release.

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