Legal Question in Real Estate Law in New Jersey

Cancel a seller agreement with broker due to non-performance

My mother has had a home listed with an agent for 9 months and they have never shown the home. She is on the second 6 month agreement (which will be up in July). They have also closed the local office and combined with another. I want to send them a letter ending the agreement and find someone on our own to buy the property. I do not want the agent coming back later and claiming anything. How should I word the letter to them ? I believe I should also send it registered mail, return receipt.

Thanks.


Asked on 4/29/00, 8:53 am

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Cancel a seller agreement with broker due to non-performance

Once the agreement expires in a few weeks, you are free to get another broker in any case. So why should you get into a dispute at this point as to whether or not the broker is in breach of the agreement by not acting appropriately as your mother's agent? If the agreement had two months or more to run, I'd be making some noise. However, at this point, it appears that the easiest attack would be to just let the agreement expire and get someone new. Now, admittedly, I am answering your question without reviewing the listing agreement and without more detail from you or your mother which may change my opinion. Therefore, it would be in your mother's interest to immediately seek the advice of an attorney. If you want me to assist you, feel free to call me at 856-546-8010. Mention Law Guru and your first consultation is free. Good luck! Rob Gleaner

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Answered on 6/13/00, 9:21 am


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