May a listing agreement be terminated by mutual agreement of both parties and by death of the seller.
May a listing agreement be terminated by mutual agreement of both parties and by death of the seller.
Depending on the listing company, it depends what their agreement states. In most likelyhood you should be able to cancel the agreement if a death of one of the owners has occurred.
Jeffrey Austin, ABR, CRS, GRI
Real Estate Homes, LLC
Phoenix Real Estate
Phoenix homes for sale
Tucson Real Estate
It makes sense what Jeff is saying. In most of the cases there is a termination clause in the listing agreement. Check it out.
If the seller is married and the person who is deceased signed the listing agreement, the contract is void.
Mary DeSimone, ABR, GRI
Owner
Real Estate Homes, LLC
Tucson Homes for Sale
Casa Grande Homes
Casa Grande Homes for Sale
+! for Mary.
Contracts are void if either party in the contract die. Of course there are contingencies one can put into contracts to get around that, but then those parties must be party to the contract as well. However, if there are two sellers and one dies, it will depend on how title to the property is held.
Larry Jensen, Principal Broker
St. Lawrence Properties, llc
Ph. (888) SLP-NYCT (888-757-6928)
www.SLPNYCT.com
New York & Connecticut Real Estate & Property Management
My Blog: St. Lawrence Properties Blog
When in Doubt Check it out: REALTORS Code of Ethics
In the case of a death you should wait for an executor of the estate to be named and then have them sign off on the cancellation unless of course they still want to sell.
Ryan Tollefsen
Keller Williams Realty Alaska Group
Anchorage Real Estate | Anchorage Homes For Sale | Eagle River Real Estate
I would agree with Ryan,...an executor of the estate determines what would be next for the estate.
But the answer lies in the listing contract that was signed by the seller.
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