Ending a Listing Agreement Early

Q: I have a signed listing agreement, but marketing is set to begin only after professional photos are completed. The property is in such poor condition that photos can’t be taken. I plan to meet with the seller to terminate the listing, but I’m unsure how to formally terminate a listing I’m not even marketing yet.

A: The fact that you haven’t started marketing the property is irrelevant. If you have a valid, signed listing agreement, then it needs to be terminated if you’ve determined you’re unable to market the property. The listing agreement confirms in Section 13 that either party, the seller or seller’s agent, may terminate before the term of the listing is up by giving the other party written notice. OREF 017 – Listing Agreement – Early Termination was designed just for this purpose. It outlines the details of the termination and explains which provisions from the listing agreement will survive termination. Fill out and present the early termination agreement to your seller to formally terminate the listing.

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