You should see what is says on Listing agreement as far as potection perioed . Even if your listing agreement expires and you find your own buyer and your home get sold, if anything mentioned in potection perioed you might be obligated to your agent. This can get real tricky.

Clark, as you can tell, things are still not clear. If your contract has expired, you should call the broker immediately and stop letting your house be shown. If you know it's expired, you are just letting the confusion continue. Check your listing agreeement to see if there is anything in there that deals with what happens after the initial contract expires. It's the contract, check it out.

It seems confusing since a listing is put in for X amount of days then it expires and will read 'expired' in the mls if it is not renewed. Nobody can really answer your question. If it's not clear to you, and you have the contract in front of you, it certainly can't be clear to any of us. Read it over and double check and again, I hope it turns out the way you need it to.

If there is no listing agreement, the listing should not be in the MLS. How are perspective tenants getting into your property with these Realtors? Is there still a lockbox? Without a listing agreement the broker is responsible for removing the lockbox.

If your listing agreement was to rent your property, you are under no obligation to pay a fee to the broker for a sale listing (which you don't have) UNLESS the listing agent wrote that into the listing agreement.

If you have no listing contract then the broker should have removed the listing from the MLS.





Sean Dawes
Long and Foster Real Estate Inc.

Why is your home being marketed without a contract? Is it in the MLS or is the agent just marketing the home as a "pocket listing"? If there is no listing agreement, then I really don't see how you could be under an obligation to pay a commission to the agent if the agent was not procuring cause.

Thanks everyone for your help!!!

I understand that my contract has expired and there should be no legal reason for me not to be able to go ahead and sell the property myself, saving myself the commission fee.

My question, though not perfectly obvious I'm sure, was aimed at the following:

1. Is there any potential for the broker to claim that even though the contract expired, since the broker has been continuing to attempt to find a buyer, that the contract is still in place. I know this is more a legal question, and I assume the answer is no, but I wanted to confirm this.

2. What would be the best way for me to go about informing the broker of this in a professional manner, practically speaking, as the broker is in fact still listing the property? Do I inform the broker that I found another buyer and will be going ahead with it? Do I end the listing? I have found no faults with the broker (though no interested buyers have come along) and I want to handle this in a manner not likely to insult or cause any arguments.

Thanks in advance!

Clark,

It is not advisable to take advice regarding what you are free or not free to do from someone who has not see your listing agreement. Double check what is says, clarify it with the broker if necessary and proceed. Hopefully, it is as you want it to be and you'll get your home sold! Good luck.

Clark,
Your listing expired. Is there anything in the language of the contract that suggests that the listing renews unless advised in writing? Check the verbage.

Your options are really dependent on the type of listing agreement you signed with the broker. First find out if it in an Exclusive Right To Sell Listing Agreement or an Exclusive Agency Listing Agreement, then read through the language within the actual agreement. If it is a standard Exclusive Right To Sell you are responsible for the brokers fee regardless of who produces the buyer however if it is a standard Exclusive Agency Listing Agreement no fee is due if you produce the buyer. Your best bet would be to read through what you've signed....all your answers are right there.

Sean, thanks for the quick reply!

To be clear, this buyer only approached me recently, months after the expiration of the contract. However, the broker has still been listing the property and making appointments, even after the expiration.

Well if the property contract is expired and this buyer did not approach the broker during the time frame of the contract or did not come to you during that time then you are free to sell it yourself. But if this occured during then your broker is entitled to payment as it is an exclusive right to sell contract.


Sean Dawes
Long and Foster Real Estate Inc.