Breaking a contract with a realtor

UPDATED: Oct 1, 2022

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Breaking a contract with a realtor

I live in Scottsdale Arizona and I signed a 6 month contract with a realtor/broker. He had not done anything he said was going to do other than list the house on mls and some websites. I’ve expressed my disappointment and that I wanted out of our contract and he said that the contract is bilateral and he doesn’t agree to the break and wants me to sign something saying he gets money if I back out. Is there anything that I can do?

Asked on May 3, 2019 under Real Estate Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The issue is whether he has done what the contract or any attachments to it (e.g. things laying out a marketing plan) indicate he should do. If he has violated the contract's terms, you can terminate the contract: one party's breach of material, or importnat, terms of a contract allows the other party to treat the contract as terminated by the breach. But if he has complied with the contract's terms, the best bet is to wait out the 6 months then not renew the contract, so as to avoid possibly having to pay him commissions if you sell during that period.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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