Brokerage May Cancel Listings at Owner’s Request

Posted on March 1, 2012 by AAR

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FACTS AS PRESENTED BY THE CALLER:

The agent was severed from the brokerage firm and had several listings at the time of the severance.  The brokerage firm does not want to do business with the owners, and the owners have expressed an interest to follow the agent to the new firm.

ISSUE:

Must the brokerage firm honor the listing agreement under the circumstances?

ANSWER:

No.

DISCUSSION:

Listings belong to the brokerage firm.  However, the brokerage firm does not want to do business with the owners.  Additionally, the owners have expressed an interest to follow the agent to her new firm.  Accordingly, the broker may either cancel the listing agreements or assign them to the new brokerage firm with the sellers’ written consent.
Arizona REALTOR® Magazine – March 2012

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