Contracts

A Washington seller is under contract to sell their home. Before closing, the buyer discovers the seller has an active listing with another broker and claims breach of contract. The seller says 'it's just a backup.' Under Washington contract law, this situation:

AIs permissible because backup listings are always allowed
BMay constitute a breach if the seller is not free to close because of the other listing agreement's terms✓ Correct
CIs irrelevant because listing agreements don't affect purchase and sale agreements
DIs resolved automatically by the purchase and sale agreement taking priority

Explanation

Once a seller is under a binding purchase and sale agreement, actively listing the property with another broker (beyond a backup listing) could create conflict with their contractual obligation to sell to the buyer. The seller must honor their purchase and sale agreement.

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