Termination of Listing or Buyer Brokerage Agreement With Agent & Their Buyers/Sellers In SE Virginia

Today I was asked about what the "termination clause" was in my listing agreement in the event that the seller was unhappy with my service. It was asked during the course of an interview prior to the prospect of listing with me. This article is a response to that and a response to others who may be wondering the same thing.

The listing agreements and buyer brokerage agreements that are most commonly used in our area don't get too explicit with termination clauses, while the law does get explicit & should be relied on for termination when not explicit in the agreement.

The REIN Standard Agent Exclusive Right to Sell Brokerage agreement repeats much of what's in the law.

Below I am providing where to look and what you can terminate for as well as how to avoid getting to the place of termination. The primary recourse for termination, in my experience, isn't by some actual breach of contract, but by exercising the right of "mutual agreement" since an actual breach of contract according to the legal code seems to happen much less often than less serious problems.

Disclosure

Please keep in mind that I am a real estate agent, not an attorney and that for any interpretation of the law, an attorney within the field of real estate can best interpret the law.

The mentioned forms and laws change over time & this article was originally composed and researched on 11/23/22. While this page may be used as a resource, before acting on any information entailed, it's best to check current contracts & legal code, as these can vary substantially over time & this page may not be up to date regarding certain matters after 11/23/22. In the event that you see any changes that you believe should be updated on this page, Adam would sincerely appreciate you informing him of the change at agarrett@ggrva.com .

Termination Details Per VA Law

As stated in Virginia law:

§ 54.1-2137. Commencement and termination of brokerage relationships.

A. The brokerage relationships set forth in this article shall commence at the time that a client engages a licensee and shall continue until (i) completion of performance in accordance with the brokerage agreement or (ii) the earlier of (a) any date of expiration agreed upon by the parties as part of the brokerage agreement or in any amendments thereto, (b) any mutually agreed upon termination of the brokerage agreement, (c) a default by any party under the terms of the brokerage agreement, or (d) a termination as set forth in subsection G of § 54.1-2139. (Note from Adam: that section is on dual & designated agency; I do not perform dual agency, but will perform designated agency at times, where a buyer from my firm with another agent makes an offer and gets under contract on a listing where I represent the seller)

B. Brokerage agreements shall be in writing and shall:

1. Have a definite termination date; however, if a brokerage agreement does not specify a definite termination date, the brokerage agreement shall terminate 90 days after the date of the brokerage agreement;

2. State the amount of the brokerage fees and how and when such fees are to be paid;

3. State the services to be rendered by the licensee;

4. Include such other terms of the brokerage relationship as have been agreed to by the client and the licensee; and

5. In the case of brokerage agreements entered into in conjunction with the client's consent to a dual representation, the disclosures set out in subsection A of § 54.1-2139.

C. Except as otherwise agreed to in writing, a licensee owes no further duties to a client after termination, expiration, or completion of performance of the brokerage agreement, except to (i) account for all moneys and property relating to the brokerage relationship and (ii) keep confidential all personal and financial information received from the client during the course of the brokerage relationship and any other information that the client requests during the brokerage relationship be maintained confidential, unless otherwise provided by law or the client consents in writing to the release of such information.

1995, cc. 741, 813; 2011, c. 461; 2012, c. 750; 2018, cc. 60, 86.

Recommended steps for termination

1. Check the termination details per VA law as well as the buyer brokerage agreement or listing agreement & see if the agent is in breach of anything. The primary recourse for termination, in my experience, isn't by some actual breach of contract, but by exercising the right of "mutual agreement" since an actual breach of contract according to the legal code seems to happen much less often than less serious problems.

2. Discuss with the agent in writing your problems with them and give them a chance to correct those issues unless you have totally lost confidence in them or do not trust them. In some cases, client preferences vary substantially and the agent may not be aware of your unique preferences. For instance, some clients like to be contacted by their agent even if they are not reaching out to the agent, while other clients would be annoyed by their agent pestering them unless they reach out to the agent. Some clients prefer as much as possible in writing, while other clients prefer everything to be discussed orally. If you are working with an otherwise great agent, if you don't give them a chance to correct themselves, you may find that your next agent isn't as good as the first, and if the agent is never told until termination about the problems, they may have no idea about something that they can readily modify or clarify.

3. If the agent refuses to change their policies & you are still very frustrated, by word or by deed, or if you have totally lost confidence in them or do not trust them, move to looking for other agents (buyers, sellers) and termination. With the agent you have in mind, make sure that you could work with them. Some agents like myself limit who we work with, such as by location and price point. You don't want too wide of a gap between agents, and you don't want to go from a great agent who you have a minor problem with to an agent not as good who doesn't have that minor problem according to what the agent says.

4. In writing, ask the agent to terminate your agreement, stating your reasons why and sharing the date that you expressed your concerns with them in writing and about how they refused to change by word or deed. The agent or their broker may ask to refer you to another agent, so pre-emptively let them know that you do not want a referral to another agent.

5. If the agent refuses to terminate your agreement, reach out to their principal or managing broker, whose name and contact details should be located on your buyer brokerage agreement or listing agreement.

To avoid getting to the point where termination seems best, I advise...

1. Buyers and sellers should be candid and open with their agents about any problems as they occur prior to and during an agency relationship. Bottling problems until you get to the breaking point will hurt you, your sale/purchase, and your agent.

2. Prior to entering into an agency relationship with an agent, it's best to select an agent that has been thoroughly vetted. There is a big difference between "good enough" & "best".

Vetting Potential Listing Agents

For sellers, see this important article on vetting prospective listing agents so that you reduce your likelihood of ever getting to the point of termination by never hiring a bad one. Many sellers quickly make a decision on an agent without considering enough what the agent actually offers (especially a statistical approach at looking at what they offer) & comparing that to other agents. Often sellers don't pay enough attention to the quality of agents' former listings.

Listing Agreement Types Generally

While there are different common local types of listing agreements, i.e. REIN MLS agreements that are commonly used in Hampton Roads vs VAR agreements that are commonly used elsewhere in SE VA, with different types of each, there are also some listing agreement types that are important to note that are throughout the US. Many agents like myself will only do exclusive right-to-sell listing agreements, but if you aren't confident about an agent, the first thing I would recommend doing is more research on agents, with a focus on those matters I list in my article on what to look for in a listing agent. If you have interviewed with multiple agents, done plenty of research, and are still unwilling to commit to one, there are some alternative listing agreement types that have lower commitment levels than typical agreements, though keep in mind that many listing agents like myself, and some whole companies, will typically be unwilling to do anything other than an exclusive right to sell.

The National Association of Realtors® states the following:

"Except where state law provides otherwise, the following terms shall be defined as follows when used in rules and regulations of any multiple listing service owned or operated by one or more associations of REALTORS®. (Amended 5/06)

Exclusive Right-to-Sell Listing: A contractual agreement under which the listing broker acts as the agent or as the legally recognized non-agency representative of the seller(s), and the seller(s) agrees to pay a commission to the listing broker, regardless of whether the property is sold through the efforts of the listing broker, the seller(s), or anyone else; and a contractual agreement under which the listing broker acts as the agent or as the legally recognized non-agency representative of the seller(s), and the seller(s) agrees to pay a commission to the listing broker regardless of whether the property is sold through the efforts of the listing broker, the seller(s), or anyone else, except that the seller(s) may name one or more individuals or entities as exemptions in the listing agreement and if the property is sold to any exempted individual or entity, the seller(s) is not obligated to pay a commission to the listing broker. (Amended 5/06)

Exclusive Agency Listing: A contractual agreement under which the listing broker acts as the agent or as the legally recognized non-agency representative of the seller(s), and the seller(s) agrees to pay a commission to the listing broker if the property is sold through the efforts of any real estate broker. If the property is sold solely through the efforts of the seller(s), the seller(s) is not obligated to pay a commission to the listing broker. (Amended 5/06)

Open Listing: A contractual agreement under which the listing broker acts as the agent or as the legally recognized non-agency representative of the seller(s), and the seller(s) agrees to pay a commission to the listing broker only if the property is sold through the efforts of the listing broker. (Amended 5/06)

Note: These definitions are provided to facilitate categorization of listings in MLS compilations. In any area of conflict or inconsistency, state law or regulation takes precedence. If state law permits brokers to list property, on either an exclusive or open basis, without establishing an agency relationship, listings may not be excluded from MLS compilations on the basis that the listing broker is not the seller’s agent. (Adopted 11/93, Amended 5/06)"

Vetting Potential Buyer Agents

Your agent's reviews should demonstrate the qualities that you are looking for. See also their physical tools/gadgets & digital tools. An experienced agent is also very important. Here's an article on vetting buyer's agents.

Legal Duties of Real Estate Brokers & Salespersons to Their Buyer Clients

Article 3. Duties of Real Estate Brokers and Salespersons.

The below is quoted from the VA legal code listed here as of 11/23/22 excluding the note by Adam in "()".

§ 54.1-2132. Licensees engaged by buyers.

A. A licensee engaged by a buyer shall:

1. Perform in accordance with the terms of the brokerage agreement;

2. Promote the interests of the buyer by:

a. Seeking a property of a type acceptable to the buyer and at a price and on terms acceptable to the buyer; however, the licensee shall not be obligated to seek other properties for the buyer while the buyer is a party to a contract to purchase property unless agreed to as part of the brokerage relationship;

b. Assisting in the drafting and negotiating of offers and counteroffers, amendments, and addenda to the real estate contract pursuant to § 54.1-2101.1 and in establishing strategies for accomplishing the buyer's objectives;

c. Receiving and presenting in a timely manner all written offers or counteroffers to and from the buyer and seller, even when the buyer is already a party to a contract to purchase property; and

d. Providing reasonable assistance to the buyer to satisfy the buyer's contract obligations and to facilitate settlement of the purchase contract;

3. Maintain confidentiality of all personal and financial information received from the client during the brokerage relationship and any other information that the client requests during the brokerage relationship be maintained confidential unless otherwise provided by law or the buyer consents in writing to the release of such information;

4. Exercise ordinary care;

5. Account in a timely manner for all money and property received by the licensee in which the buyer has or may have an interest;

6. Disclose to the buyer material facts related to the property or concerning the transaction of which the licensee has actual knowledge; and

7. Comply with all requirements of this article, all fair housing statutes and regulations for residential real estate transactions as applicable, and all other applicable statutes and regulations which are not in conflict with this article.

B. Licensees shall treat all prospective sellers honestly and shall not knowingly give them false information. If a licensee has actual knowledge of the existence of defective drywall in a residential property, the licensee shall disclose the same to the buyer. For purposes of this section, "defective drywall" means all defective drywall as defined in § 36-156.1. No cause of action shall arise against any licensee for revealing information as required by this article or applicable law. In the case of a residential transaction, a licensee engaged by a buyer shall disclose to a seller whether or not the buyer intends to occupy the property as a principal residence. The buyer's expressions of such intent in the contract of sale shall satisfy this requirement and no cause of action shall arise against any licensee for the disclosure or any inaccuracy in such disclosure, or the nondisclosure of the buyer in this regard.

C. A licensee engaged by a buyer in a real estate transaction may, unless prohibited by law or the brokerage agreement, provide assistance to the seller, or prospective seller, by performing ministerial acts. Performing such ministerial acts that are not inconsistent with subsection A shall not be construed to violate the licensee's brokerage agreement with the buyer unless expressly prohibited by the terms of the brokerage agreement, nor shall performing such ministerial acts be construed to form a brokerage relationship with such seller.

D. A licensee engaged by a buyer does not breach any duty or obligation to the buyer by showing properties in which the buyer is interested to other prospective buyers, whether as clients or customers, by representing other buyers looking at the same or other properties, or by representing sellers relative to other properties.

E. Licensees in residential real estate transactions shall disclose brokerage relationships pursuant to the provisions of this article.

F. Nothing in this section shall be construed to require a licensee to disclose whether settlement services under Chapter 10 (§ 55.1-1000 et seq.) of Title 55.1 will be provided by an attorney or a nonattorney settlement agent.

G. Notwithstanding any other provision of law requiring written brokerage agreements or governing the duties of licensees, nothing in this chapter (Note by Adam: See VA codes 54.1-2130 &54.1-2137, & this article on the subject) shall be construed to require that a written agreement between a licensee and a prospective buyer be executed prior to the licensee's showing properties to the prospective buyer.

1995, cc. 741, 813; 2006, c. 627; 2011, cc. 34, 46; 2012, c. 750; 2016, c. 334.

Legal Duties of Real Estate Brokers & Salespersons to Their Seller Clients

Article 3. Duties of Real Estate Brokers and Salespersons.

The below is quoted from the VA legal code listed here as of 11/23/22.

§ 54.1-2131. Licensees engaged by sellers.

A. A licensee engaged by a seller shall:

1. Perform in accordance with the terms of the brokerage agreement;

2. Promote the interests of the seller by:

a. Conducting marketing activities on behalf of the seller in accordance with the brokerage agreement. In so doing, the licensee shall seek a sale at the price and terms agreed upon in the brokerage agreement or at a price and terms acceptable to the seller; however, the licensee shall not be obligated to seek additional offers to purchase the property while the property is subject to a contract of sale, unless agreed to as part of the brokerage agreement or as the contract of sale so provides;

b. Assisting in the drafting and negotiating of offers and counteroffers, amendments, and addenda to the real estate contract pursuant to § 54.1-2101.1 and in establishing strategies for accomplishing the seller's objectives;

c. Receiving and presenting in a timely manner written offers and counteroffers to and from the seller and purchasers, even when the property is already subject to a contract of sale; and

d. Providing reasonable assistance to the seller to satisfy the seller's contract obligations and to facilitate settlement of the purchase contract;

3. Maintain confidentiality of all personal and financial information received from the client during the brokerage relationship and any other information that the client requests during the brokerage relationship be maintained confidential, unless otherwise provided by law or the seller consents in writing to the release of such information;

4. Exercise ordinary care;

5. Account in a timely manner for all money and property received by the licensee in which the seller has or may have an interest;

6. Disclose to the seller material facts related to the property or concerning the transaction of which the licensee has actual knowledge; and

7. Comply with all requirements of this article, all fair housing statutes and regulations for residential real estate transactions as applicable, and all other applicable statutes and regulations which are not in conflict with this article.

B. Licensees shall treat all prospective buyers honestly and shall not knowingly give them false information. A licensee engaged by a seller shall disclose to prospective buyers all material adverse facts pertaining to the physical condition of the property which are actually known by the licensee. If a licensee has actual knowledge of the existence of defective drywall in a residential property, the licensee shall disclose the same to the prospective buyer. For purposes of this section, "defective drywall" means all defective drywall as defined in § 36-156.1. As used in this section, the term "physical condition of the property" shall refer to the physical condition of the land and any improvements thereon, and shall not refer to (i) matters outside the boundaries of the land or relating to adjacent or other properties in proximity thereto, (ii) matters relating to governmental land use regulations, or (iii) matters relating to highways or public streets. Such disclosure shall be made in writing. No cause of action shall arise against any licensee for revealing information as required by this article or applicable law. Nothing in this article shall limit in any way the provisions of the Virginia Residential Property Disclosure Act (§ 55.1-700 et seq.) applicable to residential real estate transactions.

C. A licensee engaged by a seller in a real estate transaction may, unless prohibited by law or the brokerage agreement, provide assistance to a buyer or potential buyer by performing ministerial acts. Performing such ministerial acts that are not inconsistent with subsection A shall not be construed to violate the licensee's brokerage agreement with the seller unless expressly prohibited by the terms of the brokerage agreement, nor shall performing such ministerial acts be construed to form a brokerage relationship with such buyer or potential buyer.

D. A licensee engaged by a seller does not breach any duty or obligation owed to the seller by showing alternative properties to prospective buyers, whether as clients or customers, or by representing other sellers who have other properties for sale.

E. Licensees in residential real estate transactions shall disclose brokerage relationships pursuant to the provisions of this article.

F. Nothing in this section shall be construed to require a licensee to disclose whether settlement services under Chapter 10 (§ 55.1-1000 et seq.) of Title 55.1 will be provided by an attorney or a nonattorney settlement agent.

1995, cc. 741, 813; 2006, c. 627; 2008, c. 741; 2011, cc. 34, 46, 461; 2012, c. 750; 2016, c. 334.

Definitions from VA Legal Code

Article 3. Duties of Real Estate Brokers and Salespersons.

§ 54.1-2130. Definitions.

As used in this article (in alphabetical order):

The below is quoted from the VA legal code listed here as of 11/23/22.

"Agency" means every relationship in which a real estate licensee acts for or represents a person as an agent by such person's express authority in a commercial or residential real estate transaction, unless a different legal relationship is intended and is agreed to as part of the brokerage agreement. Nothing in this article shall prohibit a licensee and a client from agreeing in writing to a brokerage relationship under which the licensee acts as an independent contractor or which imposes on a licensee obligations in addition to those provided in this article. If a licensee agrees to additional obligations, however, the licensee shall be responsible for the additional obligations agreed to with the client in the brokerage agreement. A real estate licensee who enters into a brokerage relationship based upon a written brokerage agreement that specifically states that the real estate licensee is acting as an independent contractor and not as an agent shall have the obligations agreed to by the parties in the brokerage agreement, and such real estate licensee and its employees shall comply with the provisions of subdivisions A 3 through 7 and subsections B and E of § 54.1-2131; subdivisions A 3 through 7 and subsections B and E of § 54.1-2132; subdivisions A 3 through 7 and subsections B and E of § 54.1-2133; subdivisions A 3 through 7 and subsections B and E of § 54.1-2134; and subdivisions A 2 through 6 and subsections C and D of § 54.1-2135 but otherwise shall have no obligations under §§ 54.1-2131 through 54.1-2135. Any real estate licensee who acts for or represents a client in an agency relationship in a residential real estate transaction shall either represent such client as a standard agent or a limited service agent.

"Agent" means a real estate licensee who is acting as (i) a standard agent in a residential real estate transaction, (ii) a limited service agent in a residential real estate transaction, or (iii) an agent in a commercial real estate transaction.

"Brokerage agreement" means the written agreement creating a brokerage relationship between a client and a licensee. The brokerage agreement shall state whether the real estate licensee will represent the client as an agent or an independent contractor.

"Brokerage relationship" means the contractual relationship between a client and a real estate licensee who has been engaged by such client for the purpose of procuring a seller, buyer, option, tenant, or landlord ready, able, and willing to sell, buy, option, exchange or rent real estate on behalf of a client.

"Client" means a person who has entered into a brokerage relationship with a licensee.

"Commercial real estate" means any real estate other than (i) real estate containing one to four residential units or (ii) real estate classified for assessment purposes under § 58.1-3230. Commercial real estate shall not include single family residential units, including condominiums, townhouses, apartments, or homes in a subdivision when leased on a unit by unit basis even though these units may be part of a larger building or parcel of real estate containing more than four residential units.

"Common source information company" means any person, firm, or corporation that is a source, compiler, or supplier of information regarding real estate for sale or lease and other data and includes, but is not limited to, multiple listing services.

"Customer" means a person who has not entered into a brokerage relationship with a licensee but for whom a licensee performs ministerial acts in a real estate transaction. Unless a licensee enters into a brokerage relationship with such person, it shall be presumed that such person is a customer of the licensee rather than a client.

"Designated agent" or "designated representative" means a licensee who has been assigned by a principal or supervising broker to represent a client when a different client is also represented by such principal or broker in the same transaction. A designated representative shall only act as an independent contractor.

"Dual agent" or "dual representative" means a licensee who has a brokerage relationship with both seller and buyer, or both landlord and tenant, in the same real estate transaction. A dual agent has an agency relationship under brokerage agreements with the clients. A dual representative has an independent contractor relationship under brokerage agreements with the clients. A dual representative shall only act as an independent contractor.

"Independent contractor" means a real estate licensee who (i) enters into a brokerage relationship based upon a brokerage agreement that specifically states that the real estate licensee is acting as an independent contractor and not as an agent; (ii) shall have the obligations agreed to by the parties in the brokerage agreement; and (iii) shall comply with the provisions of subdivisions A 3 through 7 and subsections B and E of § 54.1-2131; subdivisions A 3 through 7 and subsections B and E of § 54.1-2132; subdivisions A 3 through 7 and subsections B and E of § 54.1-2133; subdivisions A 3 through 7 and subsections B and E of § 54.1-2134; and subdivisions A 2 through 6 and subsections C and D of § 54.1-2135 but otherwise shall have no obligations under §§ 54.1-2131 through 54.1-2135.

"Licensee" means real estate brokers and salespersons as defined in Article 1 (§ 54.1-2100 et seq.).

"Limited service agent" means a licensee who acts for or represents a client in a residential real estate transaction pursuant to a brokerage agreement that provides that the limited service agent will not provide one or more of the duties set forth in subdivision A 2 of §§ 54.1-2131, 54.1-2132, 54.1-2133, and 54.1-2134, inclusive. A limited service agent shall have the obligations set out in the brokerage agreement, except that a limited service agent shall provide the client, at the time of entering the brokerage agreement, copies of any and all disclosures required by federal or state law, or local disclosures expressly authorized by state law, and shall disclose to the client the following in writing: (i) the rights and obligations of the client under the Virginia Residential Property Disclosure Act (§ 55.1-700 et seq.); (ii) if the client is selling a condominium, the rights and obligations of the client to deliver to the purchasers, or to receive as purchaser, the condominium resale certificate required by § 55.1-1990; and (iii) if the client is selling a property subject to the Property Owners' Association Act (§ 55.1-1800 et seq.), the rights and obligations of the client to deliver to the purchasers, or to receive as purchaser, the association disclosure packet required by § 55.1-1809.

"Ministerial acts" means those routine acts which a licensee can perform for a person which do not involve discretion or the exercise of the licensee's own judgment.

"Property management agreement" means the written agreement between a property manager and the owner of real estate for the management of the real estate.

"Residential real estate" means real property containing from one to four residential dwelling units and the sale of lots containing one to four residential dwelling units.

"Standard agent" means a licensee who acts for or represents a client in an agency relationship in a residential real estate transaction. A standard agent shall have the obligations as provided in this article and any additional obligations agreed to by the parties in the brokerage agreement.

1995, cc. 741, 813; 2006, c. 627; 2008, cc. 851, 871; 2011, c. 461; 2012, c. 750; 2016, c. 334.

Contractual Duties of Real Estate Brokers & Salespersons to Their Buyer Clients in Non-Exclusive Agreements (Virginia Association of Realtors form used throughout VA by many real estate agents)

In the future I plan to publish further details here.

Contractual Duties of Real Estate Brokers & Salespersons to Their Buyer Clients in Exclusive Agreements (Virginia Association of Realtors form used throughout VA by many real estate agents)

In the future I plan to publish further details here.

Contractual Duties of Real Estate Brokers & Salespersons to Their Seller Clients With Exclusive Right to Sell Agreement (REIN form used in Hampton Roads by many; REIN is the primary Multiple Listing Service of Hampton Roads)

The Exclusive Right to Sell Agreement is the primary place where your listing agent could find themselves in breach of contract with you.

Before I get into this one, I'd like to go over where you'll most commonly see this form. Essentially, Hampton Roads, where REIN is dominant in the cities/counties listed in the column on the left in alphabetical order:

The standard agent exclusive right to sell brokerage agreement to standard listing agreement is the most common basis of forming grounds for termination prior to the deadline on the standard listing agreement if the agent is in breach of their duties and you are seeking grounds beyond the mere mutual agreement provision. Here is how the form starts:

Here is the first section of that, which repeats in many cases verbatim much of what's in the law, though sections 8 & 9 have different formats than in the legal code:

The form also includes a note on dual agency & includes some information on designated agency. A dual agency is where one agent represents both buyer and seller. It is illegal in some states, but legal in VA. At Garrett Realty Partners, dual agency is prohibited without special permission, & I have never performed dual agency. A designated agency is where one firm, with separate agents, represents both buyer and seller and has a lot fewer problems than a dual agency while having some benefits (i.e. for issues, a mutual broker can be spoken to). See section elsewhere on "definitions" for more details.

The form also includes a section on the brokerage fee. While fees may vary based on agent, seller, property type, and otherwise, you will typically see a higher number first below and a lower number that will go to the buying firm.

Contractual Duties of Real Estate Brokers & Salespersons to Their Seller Clients (REIN form: Listing Agreement)

The REIN Standard Listing Agreement is the second place after the exclusive right to sell where your listing agent could find themselves in breach of contract with you. While the Exclusive Right to Represent Buyer Agreement focuses on agent duties, this form focuses primarily on seller duties, release & hold harmless language, etc. Often sellers won't read this document due to length, but they absolutely should and there are items that could be cleared up prior to listing that sellers could get upset about later and want to terminate for because of misunderstanding as a result of not reading this document. In the event that any terms are ones that you as a seller would like to modify or strike, contact your agent, and they will typically be able to request the prospect of modification with their principal broker.

One way to terminate is simply by waiting until the deadline within the listing agreement:

There are certain provisions within this agreement that don't relate much to termination, but below is an example where if the seller never authorized a price reduction following listing, and the listing agent unilaterally lowered the price without authorization from the seller, they would be in breach:

Even if you might authorize closing cost assistance for the buyer, I don't recommend marketing it as such typically, thus I typically put $0 in that last line. It's fine to negotiate that in for the right buyer, but I don't believe it's generally best to lay that on the table up front.

In the below section, seller, listing firm, & listing agent are holding REIN harmless, giving them authority to distribute pictures and information, etc.

The below is similar, authorizing REIN to advertise the property on REIN and to the public:

If the seller wants any specific advertising to be added in writing from the listing agent, it may be added in the lines below that section.

Below are certain seller notices/responsibilities/authorization/agreements provided primarily:

Below have related forms that go with the listing agreement when applicable, with 8A almost always being applicable on resale from private individual ownership:

You don't see this item occurring often in SE VA:

Here are items that the seller is disclosing:

Here is another form that the seller should receive from the listing agent:

Here the seller is saying that they aren't lying to their agent about the property and a release and hold harmless for inaccurate information that the listing agent shares based on the information provided to them, as well as further authority provided to the listing agent & hold harmless language:

Sellers should disclose previous known history of wood destroying infestation & treatment:

Below are title representations of the seller for the property being listed:

Below is the seller stating if they are aware of building or zoning violations & if they are aware of other issues:

Here the seller needs to disclose if they are one of the below-mentioned parties based on their immigration status:

This section discusses damage, theft, video, and photos:

This section goes over a variety of other terms:

The below is referring to the exclusive right to sell agreement for the majority of those selling in Hampton Roads using that form for REIN:

There is an "other provisions" section of the contract regarding anything not within the template that buyer and seller agree to in writing.

At the time of this writing, my template reads the following:

Adam's religious beliefs regarding the Bible are such that he avoids most work in real estate on Sundays save limited urgent matters. Saturdays & Mondays are his busiest days in real estate, so advanced planning is especially important those days. Seller permits buyers, buyer's agents, and contractors to use photography/videography for personal reference. Public posts are permitted as long as photos/videos are not posted with a negative slant that could hurt the sale.

Seller commits to inform Adam promptly if at any time seller would prefer Adam do something differently, not allowing such things to stack silently. Contractors/inspectors are permitted at & within the property without an agent & are permitted to receive the combo code.

A few relevant links not within the above section are my hours section on my website & my Sunday policy details. As I share, only 1/47th of new listings come on the market on Sundays in a 5 week sample I ran, making it the least new listings input by far. The best day to list homes is on Thursday.

Here's another provision of the form on digital signatures:

Here's another provision regarding notices from this agreement:

Here's a fair housing disclosure & the seller acknowledging receipt of a copy of the agreement on page 6 as well as signature lines:

Beware of Owing Commissions After Termination

Depending on the terms of your listing agreement or buyer brokerage agreement, and especially if you go from being represented to being unrepresented rather than transitioning to a new agent, beware of the fact that if your former agent is the true "procuring cause" of an eventual sale, they may be due a commission. There are commonly 90 day provisions in agreements that prevent unethical buyers and sellers from taking advantage of agents that they use and abuse, but these same provisions can mean that a relatively bad agent is due a commission.

For instance, an unethical buyer may not realize just how beneficial a buyers agent can be in the process of making an offer and getting to closing, and may ask a buyer's agent to show them a property only to make an offer on their own shortly after on the same property. Especially if there is a 90 day provision built into the buyer brokerage agreement, even if their buyer brokerage agreement expires the day before the offer, that buyer's agent may be due a commission. If that same buyer actually really feels that the agent is doing a poor job, and shifts to another agent to help them, that same commission responsibility to their former agent often is no longer present.

Here's an example of how that language can look in a Virginia Association of Realtors exclusive right to represent buyer agreement:

Here's an example of how that language can look in a REIN Exclusive Right to Sell Agreement: