A real estate listing agreement has already been signed first by the listing agent and then subsequently transmitted to the seller/owner for his signature. The seller/owner affixed his signature to the document (again after receiving it pre-signed by the agent) but the listing agreement then came back to the agent with an unauthorized revision added by the seller/owner or his lawyer into the agreement. Is that entire listing agreement now rendered null and void or is only the clause to which the revision pertains rendered null and void?
1 Answer from Attorneys
Generally speaking, as the seller, you need to inform the broker in writing that the changes made to the contract were unauthorized and that you do not agree to them and that the contract is null and void and needs to be executed again without any changes.
If the listing agreement was not approved by an attorney you retained then proceed very carefully, because many listing agreements contain language that may be presents significant problems down the road. Reviewing a listing agreement is quick and inexpensive. Contact me directly
Roman R. Fichman, Esq.
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