in Maine, can i fire an agent even if i have signed a listing agreement contract

UPDATED: Jul 27, 2019

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in Maine, can i fire an agent even if i have signed a listing agreement contract

non-performance, not one showing or communication since listing

Asked on July 27, 2019 under Real Estate Law, Maine


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, a client may not end a contract "whenever"--at least not legally; it's certainly possible that it's realtor considers it not worth suing a dissatisfied client for breach of contract, but that's a different issue and a business judgment. 
A contract is a contract. It can only be terminated by Party 1 if Party 2 is breaching or violating it in some significant or "material" way. That's easy to do if the other side is violating some specific obligation spelled out in so many words in the contract--i.e. the violation is easily proven. But if it's a general lack of performance or effort, and not a failure to do specifically defined things, while that still certainly can be a material breach of contract and justify terminating the agreement, bear in mind that if the realtor does choose to sue or take legal action, that it can be more difficult to prove that you were justified in terminating the agreement; you'd need to convince the court that what the realtor did (or failed to do) was so unprofessional that it amounted to a breach of contract.

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