[FL] Can a seller cancel an exclusive listing agreement if the listing agent is not doing their job?

FL Real Estate Law

Lawyer, Esquire

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Ok, based on your situation, there are several legal arguments and consumer protection laws in Florida that could potentially support your case:

Breach of Contract: If the agent is not fulfilling their obligations as outlined in the exclusive listing agreement, such as correcting incorrect information or actively marketing your property, this could be considered a breach of contract.

Florida Real Estate Law: Real estate agents in Florida are required to act in the best interest of their clients. If the agent is directing potential buyers to other properties and not addressing your concerns, this might be a violation of their fiduciary duty. (FL Stat § 475.278)

Consumer Protection: Florida's consumer protection laws require businesses to provide services as promised. If the agent is not performing their duties as agreed, you might have grounds to file a complaint with the Florida Real Estate Commission. Let me know if you have any questions or clarifications, if not I'll move forward with guidance. ( FL Stat § 475.25)

Real Estate Agent Listing Agreement

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my question has to do with an EXCLUSIVE LISTING AGREEMENT FOR RESALE OF MANUFACTURED HOME

Lexi, Chatbot

I understand that dealing with an exclusive listing agreement can be quite complex. Can you tell me if you are the seller or the agent in this situation?

the seller

Lexi, Chatbot

Have you already signed the exclusive listing agreement, or are you still in the negotiation phase?

I have signed it

Lexi, Chatbot

Is there anything else the Real Estate Lawyer should know before I connect you? Rest assured they'll be able to help with your exclusive listing agreement.

I need to know that it can be canceled, I requested the agent to cancel it, but she refuses arguing that we have to wait until Aug 4, 2026

Lawyer, Esquire

Hello and welcome to the site! I am a licensed attorney and here to help with your situation. I know your question is important, but there may be a short delay in my responses as I type out an answer or reply as I am typically working with several customers at once on the website. I have read your post and I am sorry to hear you are having to deal with this situation as I realize it can be frustrating and confusing. Could you tell me more about the specific issue you're facing with the exclusive listing agreement?

yes, I can upload a copy of the agreement, I want to cancel it, because they are not doing their job, they are persuading possible buyers to other listings within the mobile home park, don't know what is the reason, but argues that we have to wait until the contract expires.

Lawyer, Esquire

I understand that you want to upload the agreement for review. While a comprehensive document review isn't typically included on this platform, I'm more than happy to provide general legal information and guidance based on your situation. Let's discuss how you might approach canceling the agreement given the circumstances you've described.

They entered incorrect info and 2 weeks ago we asked to correct it and they have not done it.

AGREEMENTS 1. Recitals. Seller and Listing Dealer incorporate the "Recitals" above as though set forth in full herein. 2. Exclusive Right to Sell. During the 120-day period commencing on the Listing Date (the "Listing Period"), Seller hereby grants Listing Dealer the exclusive right to sell, and to negotiate for the sale of that certain Manufactured Home (defined in Section 3 below). During the Listing Period, Listing Dealer will use reasonable efforts to find a buyer, will present any offers to Seller, and upon acceptance, will initiate a purchase and sale agreement. Seller agrees not to lease, rent, sell or negotiate for the sale of the Manufactured Home except through Listing Dealer, and Seller will not give any broker, firm or other person authority to sell, or negotiate for the sale of the Manufactured Home. Seller shall refer to Listing Dealer all inquiries regarding the sale of the Manufactured Home. This Listing Agreement and the Listing Period will terminate at 11:59 p.m. on ________________________ unless extended or sooner terminated in a writing signed by Seller and Listing Dealer. Upon full execution of a contract for sale and purchase of the Manufactured Home, all rights and obligations of this Listing Agreement will automatically extend through the date of the actual closing of the sales contract.

Lawyer, Esquire

Ok, from a purely legal perspective, unless the listing agent has breached the contract in some way, you wouldn't have legal grounds to pursue canceling the contract. .However, if the agent isn't doing what they agreed to in the contract, like showing it to prospective buyers and undertaking any agreed on advertising, then that could give you grounds to terminate or you can file a formal complaint with the agent's broker (if this isn't the broker) and with the state Real Estate Commission for negligence, breach of contract, and breach of fiduciary duty.

As for the incorrect info, what info is incorrect and have you put it in writing to the agent to correct it?

is being two weeks and she has not executed the changes, missing 1 bath for example? it keeps telling prospect we send to go an see others in the park home, which are outdated and need investment

Lawyer, Esquire

Got it, thanks for sharing that. It's important to have accurate information in the listing. Have you communicated these issues in writing to the agent or the agency? If so, what was their response, if any? Also, could you let me know which state this is taking place in?

We have sent her 2 or emails and she has not correct the info. Florida. She said that she will take care of it but after 2 weeks nothing happens.

Lawyer, Esquire

Thanks for letting me know. It's concerning that your emails haven't been addressed. .Are you dealing with an agent or is this the broker who manages the real estate company?

A. I think she is the broker. Agent that manages the mobile park.

Lawyer, Esquire

Ok, based on your situation, there are several legal arguments and consumer protection laws in Florida that could potentially support your case:

Lawyer, Esquire

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