Home Selling in Destin>Question Details

Joelle, Home Seller in Destin, FL

I cancelled my listing 3 months ago due to health problems. Now I want to sell to someone who made an offer while listed. What is my obligation?

Asked by Joelle, Destin, FL Fri Nov 4, 2011

If I re-list with the buyer's agent for just this one transaction can that replace any obligation to the original listing agent or will the original listing agent be due a commission anyway? I don't want someone coming back to me requesting payment after the deal has been finalized? This is in Florida.

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Sounds like the buyer's agent approached you with the deal, and if I were you, would wonder why that agent didn't contact your original listing agent! Sounds like a great way to double end the deal! I would check your listing agreement and I would bet that there is a 90 day clause that says your agent should get a commission on any buyer that was looking at the house while it was listed by your agent, if it is sold to them within 90 days of the end of the listing agreement. But let's look at some of the other issues. Who is better to represent your side of the the deal. Your own agent, or the buyer's agent? There is nothing wrong with double ending a transaction, it happens all the time, but under the circumstances that you have outlined here, I would recommend and think it fair that you call your original listing agent who can just as easily represent you for this one transaction. Best, Terry Bell, Realtor, Santa Rosa, CA
1 vote Thank Flag Link Fri Nov 4, 2011
It depends on how your listing agreement is written up. I'll be glad to review it and try to give you the correct answer.
1 vote Thank Flag Link Fri Nov 4, 2011
Why not contact the original agent and allow them to earn the commission that it sounds like they earned? That way you will have representation and the buyer will have their own representation.

What does your original contract state?
1 vote Thank Flag Link Fri Nov 4, 2011
Dear Joelle,
Oh that's great go ahead and sell your property! Call the agent first though because the buyer was found while listed with your hard working agent. Your agent can take care of all the paperwork for you and finish it all up for you!
0 votes Thank Flag Link Fri Nov 4, 2011
Good Afternoon Joelle,

You will want to look at the listing agreement you signed with your Realtor and what it indicates regarding this matter. This is written out in our contracts here in Florida. If the listing agent you were working with did the job you requested, then you would be best served to recontact that agent and reinitiate the contract, assuming that buyer is still around and interested in your property. The fact that you had a contract would indicate that your Realtor did his/her job to your satisfaction, and has taken the steps to earn their commission. I am sure you recognize that we as Realtors work on a straight commission basis and when a deal does not close, we are not paid.

Good luck with the sale of your home, as well as your heath.

Lila Lopez
RE/MAX Advance Realty
0 votes Thank Flag Link Fri Nov 4, 2011
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