QUESTION
Am I obligated to sign a new listing agreement with my agent?
Asked on Oct 01st, 2015 on Real Estate - California
More details to this question:
I am selling my house and signed a 1 year listing agreement with my agent. It has been just over 6 months and my agent sent me new listing agreement to sign because she has changed brokers. My husband and I would prefer to take our house off the market. Q1. Am I obligated to sign a new agreement? Q2. If I don't sign the new agreement are we still under contract with the original broker?
2 ANSWERS
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Your listing agreement is actually with the broker, not the agent. So when the agent leaves that brokerage and goes to another brokerage, then that agent no longer represents you.
If you want to continue to work with your agent, then you will need to have the first broker cancel the listing agreement before signing a new listing agreement with the second broker. Do not have two active listing agreement because then you will owe two commissions.
You are not obligated to renew your listing agreement if you decide not to sell the home. Even if you don't want to sell during the listing agreement, you can tell your agent to take the property off the market.
Answered on Oct 04th, 2015 at 8:58 AM
Q1: No.
Q2: Yes. One year is a long time for a listing agreement. 6 months is more typical. Agents sometimes can be negotiated down to 90 days or 120 days. There are many brokers and agents chasing not so many listings. If your first choice insists on a longer term than you are comfortable with, then go with your second or third choice, the one who will go along with 6 months or less.
Since your relationship was with the agent, and the agent has left, the broker might be willing to cancel the listing. It's worth asking. An honest broker will agree to cancel the listing, especially if you take the property off the market.
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Dana Sack
Answered on Oct 01st, 2015 at 5:02 PM