Bridey, Home Seller in Broadview Heights, OH

My fiance's house listed w agent & contract expired over six weeks ago. Is agent entitled to seller commission? She will be getting buyer

Asked by Bridey, Broadview Heights, OH Tue Jul 6, 2010

commission The realtor never took the sign down nor got the lock box yet. My fiance was going to relist with the same company but a different agent who knew the area better. He met with the other agent and she gave him a few ideas of what to make changes and then we would sit down and relist. He called the original realtor to let her know he was going to relist with another agent. She said she had someone who was serious about looking. She brought him to look at the house and he made an offer. My question is that if there was an expired contract and this original realtor brings in a buyer who is also listed with her, she will be making a commission for the company on both ends. Is she entitled to the commission on sellers end though the contract is expired? Can she reduce her commission on the seller side since the company is making full commission?

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6
Sounds like at this point there is no contract for a listing.

Therefore, you can take the buyer and negotiate a fair commission with the agent. That would be the best solution. She is not entitled to the full commission.
Web Reference: http://fglick.com
1 vote Thank Flag Link Tue Jul 6, 2010
The listing agreement will address this type of situation.
0 votes Thank Flag Link Wed Jul 7, 2010
The only people that should be offering your fiancee advice need to have read the listing paperwork. Generally the commission allocation is specified in the listing agreement. If the listing expired then it sounds like there is some negotiating to do....but I have not read any of the documents.

Look at it this way...at least you have someone who wants to buy the property!
0 votes Thank Flag Link Wed Jul 7, 2010
Keith Sorem, Real Estate Pro in Glendale, CA
MVP'08
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In most cases your original listing agreement has a paragraph that will address this, the problem you have, is you should have renegotiated anything before she brought this new buyer through or had her sign a new listing gareement even if just for this buyer. Because you did not renegotiate, you have to rely on you other chance for negotiation which is when she submits an offer to you, if you already accepted an offer, your recourse is very limited if any... if you have not accepted it, you may want to make this part of teh sale negotiations saying you will pay this amount and accept this price. Make sure everything is in writing, because verbakl is not enforceable or very difficult to enforce in most cases.
Web Reference: http://www.ScottSellsNH.com
0 votes Thank Flag Link Tue Jul 6, 2010
Hello Bridey,

Refer to the original listing agreement to see if there is a clause in there about the brokerage being entitled to a commission earned if any prospect introduced to the property during the term of the listing purchases the property within 6 months after the expiration of the listing agreement. If there is such a clause, the agent should have given your fiance a written notice of any prospects. In this case, it sounds like this buyer was introduced to the property after the listing expired and the agent should have had your fiance sign a separate agreement pertaining to this individual buyer before introducing them to the property since she didn't relist the property first.
0 votes Thank Flag Link Tue Jul 6, 2010
Bridey, the answer to this question is in your fiance's listing agreement with the first broker.
0 votes Thank Flag Link Tue Jul 6, 2010
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