Home Selling in 77450>Question Details

Ginger, Home Seller in 77450

can a listing agent get paid a commission if they forgot to get a agreement sighned and put it on mls.?

Asked by Ginger, 77450 Fri Mar 5, 2010

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6
Can they? Yes. I think paperwork oversights happen all the time. Should they? No. An MLS listing should have signed supporting listing documentation on file prior to being entered into the system. This is the authorization by the seller to allow the brokerage to market the home for sale.

I have heard of issues like this happening on expired listings - since all of the data the agent needs to put the home back in the MLS is in the history for that address. But, there should still be a signed listing agreement on file. There is no excuse for an incomplete file. This isn't rocket science. There is a process that should be followed every time an agent takes a listing.
2 votes Thank Flag Link Wed Mar 24, 2010
Ginger, Was this an over sight, did you sign a listing agreement and the agent forgot to sign also or did the agent not present the agreement for you to sign? What other services did the agent perform? Do you now have a buyer? Is this a case that the agent did not perform to your satisfaction and you feel there should be no commission paid or is this a case of a over zealous agent that is trying to pull a fast one? I am curious and would like to have more information. In any case the answers you have received should give you an idea of what your obligations are.
1 vote Thank Flag Link Wed Mar 24, 2010
There is nothing that requires a property to be listed in MLS, unless your agreement calls for that.

So, this is a trick question: if no agreement is signed, can it even be put into MLS? No.

Can a broker earn a commission without an executed written agreement? Tough question. It goes to ethics. If a car mechanic fixes the problem on your car, do you owe him anything? There is a principle of unjust enrichment where someone does something in reliance on an expected situation or outcome, but the situation turns out to be false or reversed. The recipient of rewards due to the efforts expended by the someone cannot be granted to the recipient without compensation to the someone, but whether this applies is a good question. You'll probably have to ask an attorney if you can't sort it out on your own or with the "agent".
Web Reference: http://www.SumnerRealty.com
1 vote Thank Flag Link Fri Mar 5, 2010
Yeah, I think so. Why do you ask?
0 votes Thank Flag Link Thu Mar 25, 2010
Hey Richard, turn off your "caps on" button please.
0 votes Thank Flag Link Thu Mar 25, 2010
THERE MUST BE A WRITTEN AGREEMENT BETWEEN THE PARTIES WHERE CONSIDERATION (VALUE) IS EXCHANGED. IT MUST BE DONE MUTALLY AND WITHOUT DURESS. IF AN AGENT HAS AN AGREEMENT WITH YOU WHERE A COMMISSION WILL BE PAID, THEN HE HAS TO PERFORM AND BRING YOU A READY, WILLING AND ABLE BUYER. HAVING DONE SO, PER THE AGREEMENT, HE IS DUE HIS WAGES. THE AGENT WORKS FOR YOU AND HIS PRIMARY INTEREST IS YOUR INTEREST FIRST, THEN ALL OTHERS IN A FAIR AND HONEST WAY. IF EVERYTHING WENT WELL, YOU WILL BE GLAD TO HAVE PAID FOR THE SERVICES.
0 votes Thank Flag Link Fri Mar 5, 2010
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