Does a Seller have the right to terminate, without cause, an “Exclusive Right to Sell Listing Agreement” with a VA broker before its expiration date?

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Does a Seller have the right to terminate, without cause, an “Exclusive Right to Sell Listing Agreement” with a VA broker before its expiration date?

I am dissatisfied with the RE Agent’s work in attempting to sell the house. Probably the failures do not rise to the level of “cause” but they may be close. The agreement states that it terminates on a set date. But it also has a provsion (“Early Termination” that states: “In the event Seller wishes to terminate this Agreement prior to the end of the Listing Period, without good cause, Seller shall pay Broker “n/a” (filled in blank space) (“Early Termination Fee”) before Broker’s execution of a written release. Sounds like I can terminate at will, and the fee is zero. What do you think?

Asked on June 6, 2009 under Real Estate Law, Connecticut

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Well we don't have the entire agreement.  Yes, it may say this and if it indeed it doesn't have an amount, then arguably it is zero.  Now, step back -- you are dissatisfied why? Can you document it with proof he or she is not working properly or reasonably to sell your home? Can you 100% for sure say it has nothing to do with the economy?

If you feel your realtor/agent is not working properly for you to help you sell your home, you can always file a complaint/grievance with the Real Estate Commission.  Here is a hyperlink for your review: http://www.ct.gov/dcp/cwp/view.asp?a=1624&q=276076


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