West Chester, OH asked in Contracts and Real Estate Law for Virginia

Q: My realtor & broker refuses to take our property off the market after we told them to. Is this legal?

We wanted to get out of our contract but they declined that. So we decided to take the house off the market. They then told us the house would remain listed until the contract expired. Can they do yhis

Related Topics:
2 Lawyer Answers
Ross Cameron Hart
Ross Cameron Hart
Answered
  • Salem, VA
  • Licensed in Virginia

A: First you need to read the listing agreement you signed. Or consult a lawyer to review it and advise you of your obligations.

If you remove the property from the market, you may owe commissions and fees for early termination. And if they produce an offer that EXACTLY matches the terms you listed it for you will owe commissions and fees.

Real Estate agents and brokers can agree to terminate a listing, and I know many that are happy to do it if they and the seller can't get along. But they probably don't have to.

Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Virginia

A: You need to read the listing contract and understand its effects. First, have you given an exclusive at a named price? What happens if they produce a willing, able, and ready buyer at that price? Are there exceptions for the discharge of the broker, like, for example, hiring another broker? What are the penalty provisions if you breach?

You should answer none of these questions in an open forum on the Internet. Some answers and some communications to the agent will hurt you. Retain counsel for the review.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.