Can sellers just cancel an exclusive listing agreement in NYC?

[margaret]

Hey guys, how easy is it for sellers to just cancel an exclusive listing agreement they have before expiration?

I know standard agreements say that they can only be cancelled by mutual agreement. However, what can you really do if a seller just decides to back out?

I mean it’s bad business to take clients to court and they could just deny access right?

[Benny]

So I'm sure your exclusive listing agreement has some typical language like "this agreement can only be changed, canceled or modified with the written agreement of both parties." So legally speaking, no the owner cannot just unilaterally cancel because he had a change of heart.

With that said, is it a wise business decision to fight the owner? If he wants to switch agents was it because you performed poorly? Keep in mind that the owner can just deny you access to the apartment, perhaps by simply making it "unavailable" for showings (i.e. sorry not a good time right now, have people staying over). If you try and litigate against the owner, you may prevail but I'm sure the owner is going to be pissed and will be writing you some nasty reviews. Not a good outcome for either party.

So it's really up to you. Perhaps you can negotiate with the owner and explain how unfair and unreasonable that is since you've invested time and marketing upfront to try to sell the property, and aren't getting paid for any of your effort if he cancels. Perhaps you can get him to let you keep showing it for a bit longer, another month or two as a compromise.

Tough decision. Never good in my opinion to litigate and legally fight your customers though in my opinion.

[margaret]

Thank you very much!
my thoughts exactly.... nothing good would come out under duress