Is the list price of a home legally binding and can you hold a realtor to that price?

Brooks8499
Home Buyer
Creedmoor, NC

Answers (7)
Don Tepper
Agent
Fairfax, VA

No.

And no.

Even if a home is listed for $400,000 and you offer $400,000, the seller doesn't have to sell to you. You can't force him. And your transaction is between you and the seller, not between you and the seller's Realtor.

The risk for the seller is that (depending on how the listing agreement is written) if a full-price offer comes in, then the seller may be obligated to pay the commission even if the seller declines to sell the house.

There are many instances, even today, in which a property is listed at a certain price and is sold for more. One recent example: I showed a couple a home, a foreclosure, listed for $180,000. It received 8 offers in 3 days. The accepted offer was all cash for $185,000. None of the other potential buyers (including some who offered full price) have any recourse against the seller for declining their offers.

Mon Jun 29 2009, 16:08
William Leigh H...
Broker
New Jersey

Brook:

Binding? What does that mean? Can you insist on the sale if you meet that price as a buyer? If that's your question, no, in fact the Realtor has no say in the selling price at all and the only say he or she has in the listing price is to take or decline the listing. The owner lists the house at price. He is soliciting offers from the general public. Excepting only the non- discrimination laws, he can accept or reject any offer that he cares to.

Does that help?

Sun Jun 28 2009, 16:59
Linda S. Cefalu
Agent
Hales Corners, WI

I agree with Keith. Your question is very vague. More information would be helpful.

Linda

Sun Jun 28 2009, 15:34
Keith Sorem
Agent
Glendale, CA

Brooks
You should re-phrase your question.
It is too vague to offer you advice.

Give it another shot and we'll try again.

Sun Jun 28 2009, 15:32
Kenneth Verbeyst...
Agent
Princeton, NJ

considering the years up to about 2 years ago, no (bidding wars drove prices well above list prices)
While Realtors may have the right to a commission if they bring a ready willing and able buyer to the seller I have never heard of a broker suing for this (unless buyer and seller conspired in order to breach the listing agreement) I have seen agents raise prices on listed homes if initial feedback was that they had greatly underpriced home but this is also rare and typically just results in a bidding war which drives the final price up any way.

Sun Jun 28 2009, 11:11
Yelena Tsuladze
Broker
07960

Hello!
Realtor cannot change listing price without your written permission (there is a special form for this).
If you want the asking price remain the same , Realtor cannot do anything, but explain you why he/she thinks that asking price should be reduced (or increased).
Sincerely,
Yelena

Sun Jun 28 2009, 10:58
Dana Schuster
Agent
70461
FIRST ANSWER

my understanding of the MLS,according to a local real estate attorney and at least on our MLS is that nothing on the MLS is binding except the amount of commission to the selling agent.

Sun Jun 28 2009, 10:43

Didn’t find what you were looking for? Ask a question!

Search Advice

Ask a question

Got a real estate question? Get answers from locals, experts and real estate pros.
Ask
Email me when…

Learn more

View all » 1 - 3 of 37
Copyright © 2009 Trulia, Inc. All rights reserved.   |   Fair Housing and Equal Opportunity
Help us improve our service—send us feedback