From: "JD" 
Newsgroups: misc.consumers.house
Subject: Re: Is residential listing agreement binding?
Date: Thu, 02 Oct 2003 08:25:02 GMT


John  wrote in message
news:f2f59d82.0310010838.76f46877@posting.google.com...
> "JD"  wrote in message
news:...
> > John  wrote in message
> > news:f2f59d82.0308310603.5dccf0ee@posting.google.com...
> > > "JD"  wrote in message
> >  news:<_lb4b.7756$6f6.3669@newssvr27.news.prodigy.com>...
> > > > As far as listing period or cancellation goes, I've never heard of a
> >  broker
> > > > suing for commission is a seller decides not to sell and pull it
from
> >  the
> > > > market. Again it's a regular occurence. What you cannot do without
> >  cause, is
> > > > cancel and re-list with another broker until the original expiration
> >  date.
> > > >
> > > > Talk to your agent and ask for a cancellation. There'a a standard
> >  listing
> > > > cancellation form for a reason.
> > >
> > > Thanks for the info.! I do not have the intention to re-list with
> > > another agnet. But there is a chance I might decide to pull the house
> > > from the market. Is this "cancellation form" you mentioned a standard
> > > across the US? Or does it vary from state to state? I am in
> > > California. Thanks!
> >
> > California Realtors have a standard form available to them however a
broker
> > is free to create his own and I have seen custom forms.
>
> Alas, I may indeed have to pull the house from the market - exactly
> one month after I signed the listing agreement. No potential buyer
> yet. How do I break it the my agent? The agreement says I can not
> withdraw the house from the market without my agent's written consent.
> So, I guess it is up to the agent.

Actually, it's not up to your agent (salesperson), it's up to his broker,
who is really the agent.

As I previously stated, they will likely cancel the listing without a
hassle. They may ask for reimbusement of expenses but that should be
minimal.

>The only "cost" so far on his part
> I can think of is the fryers that he printed. What about the hostess
> that have been here for the open house? Would a gift, maybe some small
> amount of cash, suffice?

Understand that most of the marketing done for a specific listing, including
open house, is done to market the services of the agency, not for the
benefit of a particular property. Of course, if the broker wants to extract
some expenses form you they will never tell you this.

The open house hostess was probably a licensed agent and she was there to
get clients.

Whatever consideration you want to give all concerned will be appreciated
but certainly not necessary.