Q: Is it possible to cancel a real estate listing contract with an agent after we decide to not sell home that's an estate?
I am selling a home that is part of my late father's estate. We entered into a listing contract with an agent, however, a short time later one of the siblings decided to keep the home as his portion of the estate. Is it possible to cancel that contract without owing the agent a full comission?
A:
It depends on the language of your contract. Presumably, since the home is part of your late father's estate, you have been appointed as the personal representative of the estate and entered into the listing agreement in that capacity. If so, depending on the language of the listing agreement, you personally would have no obligation under the listing agreement but your father's estate might.
In most circumstances under the form listing agreement promulgated by TREC, a broker earns his compensation if therSeller breaches the listing agreement by refusing to sell the home at the listing price.
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