Home Selling in 32839>Question Details

Maria Wells,  in Orlando, FL

my seller sold withdrew the home from the market 15 days before expiration. I now find out the home sold 18

Asked by Maria Wells, Orlando, FL Thu Jul 10, 2008

days after the expiration date but I have a gut feel that a contract was entered before the listing agreement had expired. Is the title company obligated to give me the contract date if I request it?

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16
If the seller was dumb enough to sign a contract before the expiration date, the he/she could be in big trouble. There is no doubt that your broker should be the one investigating these allegations. Try to find out how and when the buyer was introduced to the property.
1 vote Thank Flag Link Fri Jul 18, 2008
You should have an agreement that you and the owner signed. Take that to court. I
0 votes Thank Flag Link Mon Nov 4, 2013
Hi Winter, I see you are very new to this. Always look at the date posted and where it was posted. This is a 5 and half year old question asked in Orlando. I've been very successful using Trulia and have answered thousands of questions. Before I answer any question I always ask myself a simple one -- is there some way my answer can help me make more money? if the answer is no, then I move on to the next one.
Flag Sat Nov 9, 2013
Most listing agreements have some kind of protection clause that would cover you in this event... the onus is on you to prove that the contract was entered into prior to your Seller's withdrawal and if that , in fact, violates your areas listing agreement. Talk to your Broker and good luck!
0 votes Thank Flag Link Fri Jul 18, 2008
First & foremost talk to your broker, then see an attorney. Good luck!
0 votes Thank Flag Link Fri Jul 18, 2008
Read the protection period and if you did not put one long enough 120 days for example, learn the lesson and start the lesson. Ask your broker if he is willing to go to court to dispute the commission or not because if he does not want to, do not keep wasting your time speculating. If you are in a 100% commission realty, more often the broker will not care. Good Luck!
0 votes Thank Flag Link Fri Jul 18, 2008
Look closely at the protection period clause. http://www.c21solutionsrealty.com
0 votes Thank Flag Link Tue Jul 15, 2008
I think your problem is to get a solid proof of what happened. i don't believe the title company will give you any information on the contract as you are not representing the seller at the time, will have no right to know.

All you have is speculation due to coincidence. How do you know that the owner did not sell lit to his friends/relatives? If so, they can say that they never saw the house while it's listed with you, then how do you prove it?

In CA, in order to claim a commission after the contract expired/cancelled/withdrawn; we have to provide seller with names of people who were shown during the listing period, otherwise, we will not be entitled of commission.

Sylvia
0 votes Thank Flag Link Sat Jul 12, 2008
Sylvia Barry,…, Real Estate Pro in Marin, CA
MVP'08
Contact
Maria,

Your contract should spell out your legal rights. Consult with your broker.

Good luck,
The "Eckler Team"
0 votes Thank Flag Link Fri Jul 11, 2008
Maria,

Call FAR legal their number is on the Florida Realtors website, it's free to FAR members and not the public, see what they say.

Broker Dave
Web Reference: http://Two4OneofOrlando.com
0 votes Thank Flag Link Thu Jul 10, 2008
Maria
Terminology is important. This is not legal advice. Consult an attorney if you need advice.

1. Talk with your broker.
2. If the listing is withdrawn, that means there is a legal relationship between the owner and you.
3. Did you provide the seller with a list or agents and/or buyers whom had contacted you about the property?
4. If you can prove that the seller had contact with the buyer during the listing period...that even means a phone call or visitng the property, then you may have a case.
5. Either way , discuss with your broker.
0 votes Thank Flag Link Thu Jul 10, 2008
Keith Sorem, Real Estate Pro in Glendale, CA
MVP'08
Contact
Tough break. It happens sometimes in this business. Pursuing this will probably waste more time than it is worth, as it will take up a lot of time, mental stress, etc. Try to shake it off and say NEXT! Spend your efforts on procuring the next sale and try to let this one go. (Speaking from the voice of experience!)
0 votes Thank Flag Link Thu Jul 10, 2008
Hi, In Centrsl Florida, the MLS lsiting agreement says that IF the seller signs with a BONA FIDE listing agreement with another agent then you as the original agent are out of luck. If it was a withdrawal and not an exprired, then you might have some action, as it looks strange. Will your broker back you up? You can try arbitration.
0 votes Thank Flag Link Thu Jul 10, 2008
no, privacy laws should protect the seller from having to disclose any financial details to 3rd parties
0 votes Thank Flag Link Thu Jul 10, 2008
Do you have holdover clauses in FLA? In Colorado (and I don't know about there) if you showed that buyer the property and provided the seller with factual written notice of who they were, etc., AND the holdover clause was selected in the contract for a time period that extended through this time period (or the date of contract), you might have something.

I very much agree with Vicky, check with your broker, that's what they are there fo, they have to carry the torch on this, and that is why you need a good one. I also agree with Vicky that it is hard to imagine a pretty outcome. Sorry the seller did that.
0 votes Thank Flag Link Thu Jul 10, 2008
What is the protection period for the listing agreement state? http://www.lynn911.com
0 votes Thank Flag Link Thu Jul 10, 2008
I'd ask them to give you one, you might have to file a lawsuit to get a copy. This could get ugly. What does your broker say? Remember, your broker would have to be the one to file suit.
0 votes Thank Flag Link Thu Jul 10, 2008
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