Many Brokerages are reluctant to provide a Cancellation of a Listing. Instead they offer a Suspension. That’s just not good enough. This is the type of correspondence which may be appropriate:
Letter to Agent
We entered into a Listing Agreement with you on ______. That listing was to run until __________ . At that time the property had not been sold and we voiced some of our concerns about the marketing. We signed an extension to the Listing on _________ to run until ___________.
At the time of the extension, I specifically inquired about early cancellation. You indicated that it could be cancelled early, upon request. It was on that basis that I signed the extension.
I requested a Cancellation from you on ________. You provided me with a Suspension of the Listing on ________. There is a notable difference as I am sure you appreciate.
I expect you to honour your cancellation commitment.
I expect you to forward the Cancellation of the Listing to me, no later than ______. If it is not provided by that time, I will have no alternative but to report this matter to the Real Estate Council of Ontario and pursue the termination and consequent claim for damages in civil courts, both against you and your Brokerage.
Brian Madigan LL.B., Broker