Agency
A Massachusetts seller signs a listing agreement with a 90-day term. At day 60, the seller wants to cancel. The broker refuses. Under the listing agreement, which party is likely correct?
AThe seller can cancel at any time because it's their property
BThe broker is likely correct if the listing agreement does not provide for early cancellation—sellers who cancel may owe commission or damages✓ Correct
CThe seller can cancel with 30 days' written notice
DThe broker cannot prevent cancellation under Massachusetts law
Explanation
A listing agreement is a binding contract. Massachusetts sellers who attempt to cancel before the expiration without a right of cancellation provision in the agreement may be liable for the broker's commission or expenses if the broker brings a ready, willing, and able buyer.
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