The Death Of The Owner Generally Terminates The Listing Agreement
A property is listed with brokerage A. The owner of the property passed away and now his daughters want to list the property with brokerage B.
Is the listing with brokerage A still valid?
Probably not. The general rule is that upon the death of a party to a personal services contract (e.g., upon the death of either the seller or the listing broker in a listing agreement), the personal services contract is terminated. Therefore, absent extenuating circumstances, the daughters are entitled to enter into a new listing agreement with a
new broker after the death of their father.
Arizona REALTOR® Magazine – January 2014 | Listings