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Is a real estate listing agreement a contract?

By Richard Weisser

Real Estate Broker/Owner with Richard Weisser Realty

December 11, 2013 11:22 PM

Is a real estate listing a contract? In most cases they are.

Old Coweta Courthouse decked out for the holidays by Richard Weisser

And contracts should neither be entered into nor should they be terminated casually. Most listing agreements have language pertaining to financial consequences for termination without cause.

The listing contracts that we typically use here in Georgia are at least seven pages long. That’s a lot of words that are subject to interpretation.

All questions regarding ANY contract should be directed to an attorney.

It is NOT a real estate question.

It is a legal one.

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Noah Seidenberg

Coldwell Banker - Evanston, IL

Chicagoland and Suburbs (800) 858-7917

Hi Richard, we are not attorneys, we are sales people. You are right. If I ever had a listing agreement and the person was not happy or changed their mind I always let them terminate the agreement.

Dec 11, 2013 11:36 PM

Than Maynard

Coldwell Banker Heart of Oklahoma - Purcell, OK

Broker - Licensed to List & Sell - 405-990-8862

Typically it isn't worth the fight when they want to move on. I have withdraw some over the years without a release, but those were ones that said they didn't want to sell anymore.

Dec 12, 2013 12:53 AM

Anna "Banana" Kruchten

HomeSmart Real Estate - Phoenix, AZ

602-380-4886

Richard we are an attorney-in-fact state which means we write the contracts. And it is a legally binding contract.

Dec 12, 2013 05:31 AM

Kathy Sheehan

Bay Equity, LLC 770-634-4021 - Atlanta, GA

Senior Loan Officer

Richard, you are right. The listing agreement is a contract. Any questions about it, call an attorney!

Dec 12, 2013 08:14 AM

Tammy Lankford,

Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA

Broker GA Lake Sinclair/Eatonton/Milledgeville

Absolutely. I don't answer legal questions. Today one of my agents said "I have a broker question" My answer to her question was to have her buyer call a lender because it wasn't a broker question, it was a loan officer question. But I don't like second hand blah blah blah... I wanted her client to hear the answer from the LO direct.

Dec 12, 2013 09:05 AM

William Feela

WHISPERING PINES REALTY - North Branch, MN

Realtor, Whispering Pines Realty 651-674-5999 No.

I have become more likely to send someone to an attorney than to answer some questions.

Not worth the litigation.

Dec 12, 2013 09:20 AM

Is a real estate listing agreement a contract?

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