I am not a lawyer, but I do serve as the Chairman of the Grievance Committee for the Greater Boston Association of REALTORSÂ®. The short and simple answer to your question is that clause 3c) cannot be enforced (see Tristamâ€™s Landing, Inc. v. Wait, in which the MA State Supreme Judicial Court adopted the following rule. When a broker is engaged by an owner to find a purchaser, the broker earns a commission when: (1) he produces a purchaser ready, willing and able to buy on the terms provided by the owner; (2) the purchaser enters into a binding contract with the owner to do so; and (3) the purchaser completes the transaction by closing title in accordance with the provisions of the contract.)
Your listing agreement may have allowed the agent to "carve out" a period of time for someone who was shown the property during the original listing period to enter into a contract with you. Your new listing agent would need to receive a list of any such names in order for the first broker to establish a fact pattern of procuring cause during the listing period. Other than this, you typically have no other duties or owe anything to the first listing brokerage once the listing period has expired, and would be free to enter into a new listing agreement with another brokerage.
I see that your link has Brookline in the url. Our office is in the heart of Coolidge Corner, and we had an office in Wellesley Hills for over 5 years. I'd be happy to assist if you have any further questions.
'However, no fee will be payable under this clause if the said property is sold after said term with the participation of a licensed broker to whom the Seller is obligated to pay a feee under the terms of a subsequent written exclusive listing agreement.'
Good luck and please consult an attorney since we as agents aren't allowed to give legal advice :)
Good luck with your home!
Territory Real Estate
Massachusetts Destination for Home Buyer's
617 848 5407 ext 704
Barbara Miller, Realtor
Typically most Listing Contracts do not require the seller to pay a commission unless the agent procures you a ready, able and willing buyer who makes an offer on your property, that you accept. That said, all contracts are different and you will need to look at the fine print. Sometimes there are protective clauses in the contract to protect the agent/agency. I would be happy to sit down and review the cotract with you, if that helps. Feel free to email me if that is something you would like to pursue.
Once your contract expires, you may list your property with anyone you wish. What that clause means, which is usually not in current contracts, means that you would owe them a commission wether the deal closed or not. My company doesn't hold a seller to that clause. In most contracts it will say that the realtor will be paid a commission when the property is sold and recorded at the Registry of Deeds. If that particular buyer comes back to you say a week after the listing expires, the listing company could be entitled to a commission. Usually a contract will say that the listing agent is protected for 90 after expiration. HOWEVER, if you list with another agent, that no longer applies. I hope this is helpful. I am happy to come a view your property if you would like a current market analysis.