Breaking the seelers contract

UPDATED: Oct 1, 2022

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Breaking the seelers contract

Im looking to drop my contract with xxx realty because they arent putting in the time and effort to sell my house I have a contract with them. Looking at the contract it really doesnt seem to have an out that I can see which I can send to you but why Im reaching out to you for advice before I request to cancel the contract with them. I have documented items and time frames, doing all the work at requesting updates on the property, on taking pictures of my house but not getting them posted on the listing for a week on 2 different occasions. Not wanting to do open houses even telling them I will sit with the house. Buying my own for sale signs for more exposure and open house signs, creating my own flyers on the house.

Asked on July 10, 2019 under Real Estate Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is hard to break a listing agreement because if the realtor sues you (e.g. to get their commission), you'd have to prove in court with expert testimony (e.g. the testimony of another realtor, who due to training, eductation and work experience knows what realtors should do) that their efforts were not merely suboptimal or subaverage, but were not commercially or professional acceptable: that is, there are a range of realtors, and you would have to show that what they did did not fall at all into the accepted range, and not merely that they were a bad realtor. As you can imagine, that can be difficult to show. If there are many months left to run in the agreement, it may be worth going to that length, but if there's only another 2 or 3 months left, you are better off riding the remainder of the term out and then not renewing with them.

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