On the surface, sounds like no, you don't owe a commission since there was the clear exclusion to the protection clause in the 1st broker's listing agreement...however, as with all else in life, big buts can get in the way. There is always a chance the 1st broker may opt to file an arbitration request if they feel wronged.

For instance: If there was any kind of collusion between you/the sellers/the buyers to purposefully wait out the expiration of the prior listing and the first broker feels they can prove same? Gray areas can exist, no matter what contracts state or custom dictates.

Speak to your company broker/owner. If you are the company broker/owner, perhaps call the IAR Legal Hotline or speak to your corporate attorney. At any rate, if you close the deal and suspect the first company may chase your firm for compensation, I'd take that commission and put it away somewhere rather than spend it, at least until the time has passed for an arbitration to be filed.

And if the buyers had a buyer brokerage agreement in writing with whomever first showed them the home? That's another can of worms wriggling around, just waiting to be opened.

Realtor
The first two answers are correct.
In addition a couple of points:
In some listing agreements the first agent is required to provide the owner with a list of prospective buyers and brokers (sometimes called the protected list), usually within a set time frame (say two weeks). If the agent does not provide such a list, then proving that they were they reason that the buyer came is much more difficult.

When a house is on the market a long time there will be many buyers who saw it the first time. Then you take the listing, lower the price, do better marketing, etc. and then the buyer comes back. There are other factors to prove "procuring cause" and those should be reviewed with your broker. Procuring cause usually requires that they have a relationship established...coming to an open house or seeing it on the web, may not be adequate, particularly if there is no protected list of clients and brokers.

Definitely give copies of documents to your broker. This is something that brokers need to handle--if no resolution then the "other broker" could exercise his right to bring a complaint with your Board where peers would review the facts and make a decision to forward for arbitration or not.

I agree with Sharon; check with your broker and/or attorney. The way you present the facts and the way I read the Chicago Association of Realtors standard listing agreement the 1st broker would not have a claim to the commission. There could be facts and circumstances that you omitted that would sway my opinion so its best to tell all the facts to your broker. Ask the other broker to provide any documentation they have to prove the commission belongs to him/her.

Let us know how it turns out.

Eric Marcus
ESM Realty
esmarcus@sbcglobal.net

This sounds like a question for your broker or company attorney.