What happens to a listing agreement if the seller dies?

Disable ads (and more) with a premium pass for a one time $4.99 payment

Prepare for the Ohio Real Estate Exam with our comprehensive quiz. Study with flashcards and multiple choice questions. Each question provides hints and explanations. Ace your exam with confidence!

In the context of real estate, a listing agreement is a contract between a seller and a real estate agent that grants the agent the right to sell the property. When the seller of a property dies, the listing agreement is typically considered terminated and becomes void. This is because the contract is tied to the individual seller, and upon that person's death, they are no longer able to fulfill the obligations outlined in the agreement.

The rationale behind this is rooted in contract law, where personal agreements may not automatically transfer upon death unless specified otherwise. This means the real estate agent cannot continue to act under the agreement, as the seller cannot authorize or engage in the sale due to their passing.

While the estate may ultimately decide to continue the sale of the property through a new agreement, the original listing agreement itself does not persist beyond the seller's death. Therefore, the termination of the agreement aligns with standard legal principles governing contracts and estate matters.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy