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Listing agreement with automatic renewal provision requiring…

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Listing agreement with automatic renewal...
Listing agreement with automatic renewal provision requiring a written notice of termination at least 15 days prior (the window). Hand delivered, registered mail or electronic means. Agreement also restricted seller from working with other brokers during agreement or renewal periods.
Originally signed by employee of seller (EOS).
Found another broker was listing the item. (Breach of agreement) EOS claims to have sent a text to terminate in the appropriate time. Text was never received.
A forwarded copy received after the appropriate time was sent to me. EOS text read: "I (EOS) lost my job today and you will be losing the listing next week unless you have a buyer". (although he lost his job, He now, after the fact, says he is "helping the seller" ).
Several questions:
1. Validity of text:
In the absence of some confirmation, a follow on phone call, responsive text, or any text from me on the day in question, read notification etc,..is a text valid notice? Does the sender have some duty to ensure receipt? I have no text history with him from several days before to almost a week after he says sent. (This was a weekend and I spend weekends in a rural area with marginal service)
2. EOS ability to bind former employer:
(Former) EOS starts text off by saying he lost his job. Once he says he lost his job, has he not disqualified himself from being able to speak on the sellers behalf? I doubt a POA exists but were there one, would there not be a responsibility on their part to demonstrate he has authority prior to notice due date? (prior to expecting action on our part).
3. Content of text:
" ..and you will be losing the listing next week unless you have a buyer". The text is a contingent phrase hinged on an intangible. What does "have a buyer" mean? Present a buyer? Present an offer". Have buyers interested? I had, and still have, 3 buyers in the midst of their due diligence on the item. Two are floating verbal offers. One written. I would think for his sentence to be considered a termination notice it would require some specificity, perhaps a date or reference to the agreement. Am I correct?
4. Two parts two a contingent statement:
If former EOS has the right to speak on behalf of seller and if un-received text is valid, would the contingent text not require some verification as to the existence of a buyer during the week in question?
Submitted: 11 months ago.Category: Business Law
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Answered in 5 minutes by:
9/17/2017
Business Lawyer: Legal Eagle, Lawyer replied 11 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Business Law
Satisfied Customers: 14,299
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Customer reply replied 11 months ago
Cant seem to get call me function to work. I guess we try typing...
Business Lawyer: Legal Eagle, Lawyer replied 11 months ago

I was actually going to suggest that you request a phone call. We can try typing. One moment...

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Customer reply replied 11 months ago
Does my number appear for you? I click the call me button and nothing. using Chrome browser. Try Explorer?
Business Lawyer: Legal Eagle, Lawyer replied 11 months ago

The number didn't come through:-(. Yes, go ahead and try that. I'll also send an offer myself that should reach you.

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Business Lawyer: Legal Eagle, Lawyer replied 11 months ago

Hi, go ahead and enter your contact information securely in the system.

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Customer reply replied 11 months ago
sent. contact info.
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