Ken,
To say that you had a "less than pleasant" experience is obviously an understatement. Unfortunately, not all Realtors are as professional as we would ALL like them to be. Saying that, there are so many professional's out there and the best way to find them is via referrals from your friends and relatives. I'm not sure which company you originally chose, and in reality, it doesn't matter. Some charge a-la-cart fees, but most pay for EVERYTHING up front, at no cost to the seller, which can cost a pretty penny, only to have the seller cancel the listing and the Realtor is left with the costs incurred. Most don't have a problem with this and understand it is the nature of the business. Keep us all posted on what happens! I am interested in knowing the final outcome!

so....what you're saying is you'd rather go out and find an agent who has not done any work represent you in the sale of your home? You're not planning on handling the contract, negotiations and paperwork yourself, are you? Or...even worse...are you planning on having the buyer's agent represent you?

Don't be penny wise and pound foolish. Sounds to me like the agent did his job. Plus, he trusted you that you would pay him by showing the home without a listing agreement.

Pay the commission.

That Elv!s fella, sounds freaking brilliant! :-)

"I didn't take from your question, that you were trying to "rip someone off".... I thought you were just trying to understand where you stood, and why. No harm, no foul."
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So much more diplomatically and nicely put that the post I wrote last night after a couple of Shiners and enjoying the Cards - Cubs game. After remembering a post by someone named ELV!S that stated tone, inflection, and attitude are hard to discern in an internet post (paraphrasing), I read Ken's post again and decided not to submit mine. :)

Just for the record, folks, I never said I didn't want to pay the commission nor did I indicate that I wanted to rip someone off.
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I didn't take from your question, that you were trying to "rip someone off".... I thought you were just trying to understand where you stood, and why. No harm, no foul.

Just for the record, folks, I never said I didn't want to pay the commission nor did I indicate that I wanted to rip someone off. Just trying to clarify that issue in my mind.

Funny though, they really had no interest in us between the listing time and the showing, and now a pending offer. They didn't even care enough to discuss options with us when we asked to cancel, nor b e present when we canceled - just took the money and ran. Oh, wait, that wasn't that funny. It was insulting.

Alan

I guess in Ken's case if at the time of the call if he really didn't emphasize that it was a new deal it could possibly fall under the rule you mention. I didn't realize that. Good stuff.

Under these circumstances, Rockin... even if they'd gotten that "unconditional release", it's possible that since they "called and asked if they could show this new person"... that might be considered 'tacit" approval to reinstate the prior rules for this one showing.

The agent SHOULD have asked when arranging the appointment... OR provided a one-time-showing form, that outlines commission... but 20/20 hindsight is a wonderful thing.

again... not a lawyer... blah, blah, bladisclosure...

btw... this is the "good" kind of problem to have... there are millions of people cross-country who'd trade places with you in an instant... and be willing to pay that commission.... you have a contract!

If you had to pay $500 to get out of the listing agreement, if I were you I would have gotten an unconditional release from the broker. Then all bets would be off about you owing a commission that was originally agreed to. It would be up for negotiation in my book as a new deal. If however, you didn't get any kind of written release, you probably owe the commission, but it goes without saying to deduct the $500 already paid.

the interested agent contacted your ex-agent. Your ex-agent (who was no longer under contract with you) was under no obligation to bring this to your attention. He could have ignored it.

Instead, he contacted you and asked if it'd be okay to show the property. Most listing agreements have a "protection period" in them, that states "if a buyer comes to you through the efforts of this agency, in the [30-180] days following termination... a commission is owed."

Now usually that clause is designed to capture people who were shown the property DURING the contract period. But I would think that since the showing was generated through the efforts of this agency, the wording would cover them, and commission would be due.

I'm not a real estate attorney, and this is just my opinion, and shouldn't be considered legal advice.

Ken
The term we use is called "procuring cause". Do you think that the cause of the agent contacting your Realtor was due to their marketing of your home? IMHO then they have earned the commission.

You should read your listing agreement thoroughly.

Keith

Ken,

If your listing agreement states that you will owe a commission after the listing had expired for anyone shown the property then you would owe a commission if it listed the date and occourred within that timeline.

Since your time line was 2 weeks, then this would likely apply because most have at least a 30 day clause.

Most listing agreements will state 30-60-90 days after the listing cancellation or expiration.

The agreement will also state procuring cause issues as well and you should review those.

That being said, here's the way I feel about your situation.

The Realtor obviously did their job in that their advertising brought an interested buyer and their Realtor to the home.

Why would you not want to pay a commission that very fairly is due the listing agent who advertised your property and why wouldn't you want their representation to protect you and help orchestrate the selling process?

My advice is to be fair and contact the listing Realtor you worked with before you get in too deep with legal issues and money owed. If your goal is to sell the home, then having two cooperating Realtors will benefit you more than it will hurt you.

Best of Luck,

Stew Keene
Signature Realty Group
Scottsdale and North Phoenix Arizona Residential "Area Specialist"