Expert: Dick Dennis - 7/2/2009

Question
Could you explain to me the difference between "canceling the listing" vs "canceling the contract".  

Also, if I cancel the listing or contract before the expiration date on the listing agreement with a real estate agent, so I can sell the property myself, do I still have to pay the agent the 6% commission if I sell the property myself?  (3% to the buyer's agent).  I only had 3 showings under this agent.

Answer
There is no difference between "cancelling the listing" and "cancelling the contract" if it is known that the contract you're referring to is the listing, Arianna.

If there is no reference to the property owner having the right to cancel the listing WRITTEN ON THE LISTING (CONTRACT), then you would owe the full 6% commission if you were to sell the property and you sold the property before the expiration of the listing (contract).

If you feel you have grounds for cancelling the listing, I recommend you consult with a REAL ESTATE attorney. Be aware that you are not the first property owner who signed a listing has tried to cancel the listing before the expiration date. You may want to talk with the office manager of the brokerage to see if this can be settled in some way. If you feel you have valid grounds for cancelling it, then the above mentioned attorney should be able to handle the case for you. I do wish you well.

Dick Dennis
dixiedee13@aol.com