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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 110363
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I live in Oregon and want to switch agents. I have been under

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I live in Oregon and want to switch agents. I have been under contract with current agent for three months and was told by other realtors I can break it at any time. However, when I told current agent that I was switching, he told me my current contract (which I don't have a copy of) does not expire and new agent would have to pay a referral fee. New agent does not think this is legal in Oregon. Is it?
Thank you for your question. I look forward to working with you to provide you the information you are seeking for education purposes only.

The Oregon Realtor's Association states that a real estate agent listing agreement may contain a provision that reserves the right to collect fees in the event the seller terminates the contract without good cause. The current realtor can have an enforceable contract provision regarding cancellation that makes the seller liable to pay fees to the current realtor if they engage another realtor within a certain period of time after canceling the contract or if they sell the home within a certain time within canceling the contract. Thus, if your contract does contain such a provision, which you need to get a copy of, you can be bound to that contract by the Oregon courts.

The only way out of this contract in this case would be if you can prove good cause for terminating the agent/broker such as for failure or refusal to perform in actively seeking to sell the home.

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