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A property is listed with brokerage A. The owner of the property passed away and now his daughters want to list the property with brokerage B.


Is the listing with brokerage A still valid?


Probably not. The general rule is that upon the death of a party to a personal services contract (e.g., upon the death of either the seller or the listing broker in a listing agreement), the personal services contract is terminated. Therefore, absent extenuating circumstances, the daughters are entitled to enter into a new listing agreement with a new broker after the death of their father.