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Contracts & AgreementsListing AgreementsONMEDIUM

In Ontario, a seller wants to end an exclusive listing agreement before its expiry date, even though the brokerage has not breached it. What governs whether, and on what notice, the seller can do so?

Correct Answer

B) The termination terms, if any, set out in the listing agreement itself

TRESA and its regulations give no statutory right to cancel a listing on 48 hours' or any other notice. O. Reg. 567/05 s. 13.4(1) instead requires every written representation agreement to set out clearly and prominently the terms related to termination, if any. Early termination therefore depends on what the listing agreement says, or on the brokerage agreeing to release the seller.

Answer Options
A
A statutory right to cancel on 48 hours' written notice to the brokerage
B
The termination terms, if any, set out in the listing agreement itself
C
A 10-day cooling-off period that TRESA gives every seller after signing a listing
D
An application to RECO, which approves early termination of listing agreements

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Key Terms

listing agreementterminationO. Reg. 567/05TRESArepresentation agreement
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