If a real estate listing agreement is signed first by the listing agent and then transmitted to the seller for his signature and the seller makes unauthorized changes to it before signing it and sending it back, is that listing agreement now null/void?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If a real estate listing agreement is signed first by the listing agent and then transmitted to the seller for his signature and the seller makes unauthorized changes to it before signing it and sending it back, is that listing agreement now null/void?

If a real estate listing agreement is signed first by the listing agent and then
transmitted to the seller for his signature and the seller makes unauthorized
changes to it before signing it and sending it back, is that listing agreement
now null and void?

Asked on January 29, 2019 under Real Estate Law, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A contract requires a meeting of the minds (agreement between the parties regarding the terms of the agreement).  There is no valid contract between the listing agent and seller because of the seller's unauthorized changes.  This is a defense to enforcement of the contract against the listing agent or as you said "null/void".


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption