Ocean Shores Real Estate & Information

'Cause anyone should be able to get canned!
What's your biggest fear when you list your home with a real estate agent?
You worry about being locked into a lengthy listing contract with a less than competent real
estate agent, costing your home valuable marketing time and exposure on the market. I'm not
that guy. So…..

Worry, no more. I've taken the risk and fear out of listing your home with a real estate agent
with my No Risk List Program.

List with me and you can cancel your listing with me at any time. If I haven't performed to
your satisfaction I'll cancel your listing contract within 24 hrs. No hassles. No fee's - zero,
zilch, nada.

I have strong opinions about real estate service. I believe that if you're unhappy with the
service you receive, you should have the power to fire me. It takes a strong belief in the
quality of one's services to take this kind of stand, but I've never settled for less than the
highest professional standards for me.~ Jeff

"a seller can legally cancel at listing at any time..."
Legal Bulletin 134

Christopher R. Osborn
Attorney at Law
Revised 9.1.1997
CANCELLATION OF LISTINGS

Definitions. "Canceling" a listing, as used here, means by the seller without the consent of the listing broker.
(If the listing broker agrees, it is a "release".)

Seller Can Cancel. A seller can legally cancel a listing at any time -- with or without grounds. A listing
agreement only creates an agency relationship -- like lawyer/client or accountant/client. RCW
18.86.070(d) states that an agency relationship may be terminated by notice from either party to the
other. However, such termination does not affect the contractual rights of either party. Therefore, the
seller can cancel the listing orally or in writing.

So, the question is not whether a listing can be canceled -- it can. The question is whether the seller is liable
in damages for canceling.

Seller -- Liability for Cancellation. If a seller has legal grounds to cancel a listing, the seller is not liable for
damages. "Legal grounds" includes such things as: breach of the listing agreement by the broker; violation
of the broker/agent fiduciary duty; broker malpractice; etc.

However, where the seller cancels a listing without legal grounds, the listing broker is entitled to damages.
The listing broker's damages would at least be his/her out-of-pocket costs. This should include such things
as advertising, flyers, travel, open house expense, special signs, long distance phone, mailings to prospective
buyers, etc.

More importantly, if the property sells during what would otherwise have been the term of the canceled
listing the law presumes that the terminated broker would have made the sale, and is entitled to the
commission.1

http://www.nwmls.com/discover/library/getlb.cfm?obj=134