Can I cancel a contract due to Agent Misrepresentation

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Can I cancel a contract due to Agent Misrepresentation

I listed my house with an agent and on contract
she is a single Agent. She now is also
representing the buyers as well but has not
obtained a disclosure signed by buyers and
sellerme that she is now a transaction broker.
Can I cancel my contract for this reason or
must I still fulfill the contract?

Asked on March 4, 2018 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the contract was not for dual representation but instead stated that she would represent you only, then her breach of it would enable you to terminate her represenation. The critical factor is, it must be that her actions are clearly violating a plain term of the contract (i.e. that she could not represent the other side, too, must be spelled out in the contract).


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