How to end a listing agreement in Maryland

Question

Maryland

1- I ended the listing agreement with my agent. I sent an email and he acknowledged that the listing has been removed from MLS and that the listing agreement has been terminated…

Looking at the listing agreement contract, it states that the “contractual obligation shall remain in full effect unless terminated by mutual written consent by all parties”.

Is there a specific form that needs to be filled out or is the email acknowledgment enough?

2- he said that he will be owed commission if any buyers he brought us during the listing period ends up buying my house. The contract states “listing broker compensation shall be paid if property is sold, exchanged, conveyed within 30 days after the expiration of the listing agreement or termination of this agreement etc etc etc etc”- our listing agreement was set to expire on November 30, 2024 but we terminated it early- does this mean he will be owed commission if one of the buyers ends up buying my house on say January 1? What if I hire a new agent next week and this buyer comes back to make another offer?

Thanks

Russell Brazil · Answer

The MLS where he is talking about has zero power over this.

He is using a form of the association of which Im the President-Elect. It merely requires written notice of mutual consent. Email, txt both constitute written notice.

Russell Brazil · Answer

Generally yes, 30 days from the date of which the agreement ended and was acknowledged to have ended by both parties.

Russell Brazil · Answer

The email and acknowledgement serve as the mutually agreed release in writing. Nothing more needs to be done.

Mike Shahi · Answer

@Russell Brazil thank you!!!

Mike Shahi · Answer

@Russell Brazil thanks Russell. This was for our house in Montgomery County. Our listing agreement is set to expire on November 30 but we just wanted to move on. He acknowledged via email that the MLS listing has been removed and that the listing agreement has been terminated.

My other question is that the listing agreement states that we are not allowed to sell to any client that he brought to us during the listing period or he will be owed commission. In the same agreement we see that this protection period is only for 30 days- so that means on day 31 we can sell to a buyer that saw the property assuming we have a new agent/listing, correct?

Jonathan Greene · Answer

I forgot that was your hood!

Jonathan Greene · Answer

Some MLS systems require the signed withdrawal or you can get fined as an agent.

Mike Shahi · Answer

@Jonathan Greene thanks. I emailed the listing agent and cc’d the brokers sales manager that was listed on the listing agreement requesting a listing agreement release form

Regarding the commission- this is only for 30 days after the listing ends/expires, correct? That’s what is said on the listing agreement

Jonathan Greene · Answer

You should have gotten a written withdrawal to sign. Their brokerage will need that. You want a permanent withdrawal not a temporary withdrawal. They have to have you sign it to remove it.

Regarding the second one, if any buyer that saw the house while it was listed with him wants to offer, you will owe him a commission. It could be hard to prove with outside agents (regular buyer agents) as they don't log their clients in on showings, only themselves as the agent.

How to end a listing agreement in Maryland

How to end a listing agreement in Maryland

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