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legalgems
legalgems, attorney
Category: CA Real Estate
Satisfied Customers: 7446
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CAN A CONTRACT TO SELL REAL ESTATE BE BROKEN, CALIFORNIA,

Customer Question

CAN A CONTRACT TO SELL REAL ESTATE BE BROKEN
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: CALIFORNIA
JA: Has any paperwork been filed?
Customer: CONTRACT TO SELL WAS FOR SIX MONTHS. AFTER 4 AND A HALF NO BUYER FOUND. CAN CONTRACT TO SELL BE TERMINATED BEFORE THE TIME GIVEN TO SELL IS UP
JA: Anything else you want the lawyer to know before I connect you?
Customer: i GUESS NOT
Submitted: 21 days ago.
Category: CA Real Estate
Expert:  legalgems replied 21 days ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 21 days ago.

Thank you for your patience.

A contract to sell real estate (a listing agreement) is binding on both parties; this means that both the seller and the agent must comply with the terms of the sale. Many contracts will have a provision that the seller may opt to remove the listing- the idea is that the seller can change their mind about selling the home, but cannot decide to sell the home and use a different realtor, as that would be breach of contract and would entitle the listing agent to his/her commission per the terms of the contract.

Many agents will allow the seller to withdraw without penalty, particularly if they intend to take the house off the market. If they personally refuse and they work for a broker, the broker can be contacted as they will often agree to cancel the contract, in order to preserve the good will of the customer. If the customer is dissatisfied with the particular agent, often the broker will allow the contract to be transferred to another agent within the brokerage.

The seller has no obligation to accept an offer, so it is not uncommon for an agent to release a seller from a contract so that the home may be withdrawn from the market, as the agent does not want to waste time dealing with a property they know will eventually not be sold.

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No attorney client relationship is created as this is general legal information, not advice; and a personal attorney should be hired if one wishes specific legal advice for their personal situation.

Expert:  legalgems replied 19 days ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!

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