Home Buying in Hialeah>Question Details

Owner, Home Buyer in Hialeah, FL

My question is , My contract with a realtor is over is it ok to sell to one of the offers he provided? or not ?

Asked by Owner, Hialeah, FL Tue Oct 30, 2012

At first I did not accept the offer from this buyer when my realtor offered it to me , but now that my contract is over with my realtor that same buyer showed up again and is still persistent about buying my home , I am thinking about selling my home to them but Im not sure if this could bring complications because this was a offer that my realtor offered me? I need help I would not like to get into any legal problems , please help me. Like I said me and my realtors contract are done and over .

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TERRY MCCARLEY’s answer
You most likely will owe your real estate agent the commission agreed to in the listing agreement if you sell it to a buyer that had already looked at the property when it was listed. You should have a real estate attorney review your listing agreement prior to agreeing to sell the home.
2 votes Thank Flag Link Tue Oct 30, 2012
Read your listing agreement carefully. Ours has a clause that states if any buyer that saw the home while it was listed with us decides to make an offer after it expires we are still owed a commission. There is a line to specify how many months after the agreement expires that this will be valid. If the seller lists with another agent it is not valid.

Chris
1 vote Thank Flag Link Tue Oct 30, 2012
Your listing agreement is over however, the agents can claim Procuring Cause. I would seek the advise of an attorney if you choose to proceed.

You can however, re-list the proeprty with a new agent and then you will owe the first agent nothing.

Since you home did not sell you should try to consider working with another agent.
0 votes Thank Flag Link Sun Nov 4, 2012
Your contract to list with your Realtor may have expired, but like others have said, you are probably still obligated to pay the commission in full to the Realtor who brought you that buyer.

Moreover, aren't you still in need of the services your Realtor will provide? Are you prepared to negotiate the contract, arrange the inspection, the appraisal, make sure the buyer follows required timelines, etc? Will you have to pay a lawyer instead?

In the event you still feel like treading the much more legally treacherous road, please get the opinion of a lawyer regarding the state of your contract with your former Realtor.
0 votes Thank Flag Link Wed Oct 31, 2012
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Mortgage Broker responds...

You probably can, but is it right? I say NO!

I'm not the biggest fan of many realtors, but come on, they're the ones who brought you the buyer, so at least give them 1%!

You agree to give that realtor at least 1% and will agree to make a contribution to the Wounded Warrior Project and I'll agree to disclose to the buyer where they can get some of the best terms for their situation which will better ensure the deal actually closes!

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0 votes Thank Flag Link Tue Oct 30, 2012
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