Assigning an Exclusive Representation Agreement

Although Florida Realtors exclusive agreements (listing or buyer brokerage agreements) don’t contain a cancellation clause, they do allow the broker to assign the agreement to a new brokerage.

The Florida Realtors Exclusive Right of Sale listing agreements and Exclusive Buyer Broker Agreements do not contain a unilateral cancellation clause. Both agreements provide that there will be an exclusive representation beginning on one date and ending on another. Assuming the seller and buyer are not in default of one or more of their obligations described in their respective agreements, there’s not an option for the broker to “fire” the seller or buyer.

Paragraph 14 of the Exclusive Right of Sale Listing Agreement, titled “Miscellaneous,” contains language that could help you out of your predicament. True to its name, this section addresses a miscellaneous collection of issues, including assignment. The second sentence provides that “Broker may assign this Agreement to another listing office.”

Similarly, paragraph 11 of the Exclusive Buyer Broker Agreement, titled “Assignment; Persons Bound,” provides a nearly identical sentence: “Broker may assign this Agreement to another broker.”