Breach Of Contract
Definition of "Breach of contract"
Failure, without sufficient reason, for one or both parties to perform the terms of a real estate contract. Breach requires unequivocal, decisive, and absolute refusal to carry out the agreement. When a breach takes place, the damaged party may recover the resulting losses. It is also possible to sue for performance if recovery is inadequate.
Popular Real Estate Terms
Sometimes a landlord agrees to implement within the rent contract the possibility of the tenant buying the house at a certain price, by a certain date. It’s what’s called in the ...
An organized group of ethical behavior guidelines governing the day-to-day activities of a profession or organization. ...
Approving or permitting an action to occur. ...
What is a botel?, you ask. You know hotels, right? And the marketing denomination of them to motorists; the "motel”. Well, the best botel definition is “hotel for ...
Appearing in person. In propria personal is a formal judicial request to appear personally before the court to plead a particular matter. While it does not prevent an individual from ...
An agreement specified in the lease providing the tenant the option to renew the lease for a given time period upon the expiration of the initial lease. Most lease options include the ...
Member of a partnership whose liability for partnership debts is limited to the amount invested in the partnership. A limited partner is prohibited from taking active part in the management ...
Legal abbreviation meaning with husband. ...
To define access rights, we must understand the need for access rights. There are several reasons for using access rights for any property; some are necessary and granted with little to no ...
Comments for Breach Of Contract
How to cancel a contract with an agent that failed to ask my price per agreement of listing?
May 10, 2022 23:35:19Hey Jerry! Thank you for reaching out to us. We are sorry to hear that this happened to you. While working with a real estate agent is meant to simplify the home selling process, there are times when the relationship doesn't work between the seller and the agent. When it comes to canceling a contract with an agent, you have to acknowledge that you signed a legal document, and that can be binding in many ways.
Firstly, you need to analyze that contract and understand the clauses used by the agent to protect themselves. The contract terms can determine how difficult getting out of it could be. This is why reading the contract before you sign it is important. For this, we suggest you recruit a lawyer.
Secondly, verify if you are still under the probationary period, which may allow you to terminate without any consequences. If you are not, you may be required to pay some fees, and it can go as far as paying the expenses that the agent incurred during the process.
Thirdly, if you found the agent through a brokerage company, you can raise the issue with the broker and ask for another agent. They will require motives, but many brokers are likely to change the agent assigned to your property. to remain on good terms with the community in which they operate.
Lastly, grounds for termination can be anything from failure to communicate to unethical conduct, and these are specified in the contract. If the agent or the broker doesn't agree with the termination or the agent's change, you can take your complaint to the state department of real estate if necessary, again with the help of a lawyer, as these are just suggestions. Any legal issues should be dealt with with the help of legal representation.
The short version of this is that, to get out of a contract with a real estate agent, you will need a lawyer specializing in real estate law and contracts if neither the agent nor broker wants to work with your demands. We hope this helps you through the process.
May 13, 2022 17:03:08Have a question or comment?
We're here to help.