Quote:
Originally Posted by walidm
umm...no, the Statute of Frauds uses the term void; however, the courts in practice consider such oral agreements to be "voidable" - hence such contracts are not legally enforceable but not automatically void. I understand where you're coming from, just clarifying, and slightly disagree.... 
I feel like the seller is at risk because here's this agent whom the seller believes is representing her, with her personal information as well as home, open to everyone, with a lock-box no less!!  The seller has the greatest to lose, not some little commission that the agent could, possibly, maybe lose at closing.....
That listing contract is there to protect the seller as much as the agent, we just think it's there to protect our commission. It's not about us - it's about the client. Agency doesn't have to be in writing to exist - the situation makes it so, the contract defines it. |
Sorry the statute says void...if you have some cases that show a different outcome cite them.
Lack of a contract does not void the agency of the listing agent. He is still on the hook. You are licensed and representing yourself as an agent you are one. Probably more committed to representing the seller than if she had signed the often weasel worded contracts used to protect brokers.
I agree fully by the way with departing swiftly from this agent. He is bad news and will screw up on other points.
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