FACTS: The agent is moving to a new brokerage and wants to cancel her current listings and transfer them to the agent’s new brokerage.  

ISSUE: Is the agent entitled to cancel the listings?

ANSWER: No.

DISCUSSION:

The listing agreement is a bilateral employment agreement between the seller and the broker, not the seller and the agent.  Any cancellation of a listing agreement requires the consent of both the seller and the broker.  Therefore, the agent may not unilaterally cancel these listing agreements.  Note:  The agent and current broker should review any existing Independent Contractor Agreement regarding applicable provisions pertaining to the agent changing employing brokers.