Section 1.5 Withdrawal of Listing Prior to Expiration:

Section 1.5 Withdrawal of Listing Prior to Expiration:

Listings of property may be withdrawn from the multiple listing service by the listing broker before the expiration date of the listing agreement, provided notice is filed with the service, including a copy of the agreement between the seller and the listing broker which authorizes the withdrawal.(M)


Sellers do not have the unilateral right to require an MLS to cancel a listing without the listing broker’s concurrence. However, when a seller(s) can document that his exclusive relationship with the listing broker has been terminated, the multiple listing service may remove the listing at the request of the seller.(M)


Staff is authorized to change the listing status to Cancelled when written communication is received clearly demonstrating that the firm is no longer the seller’s agent. Staff is to provide the listing firm with the seller’s communication and the following notice:
The MLS has changed the listing status to Cancelled for listing #__________ due to receipt from the seller that your firm is no longer their agent. MLS legal counsel has stated that under the law of agency, an agent who continues to hold him/herself out as the principal’s agent following his or her discharge can be liable for damages that the principal may incur as a result of the agent’s conduct. You are strongly advised to discuss this matter with your own legal counsel.

In the event that the seller and listing firm agree to cancel a listing and there is a fully executed Termination of Agency Agreement and Release (NCAR Standard Form # 720) or substantially similar form, the firm will immediately change the listing status to Cancelled.

 


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