A showing that took place after that period, could be a bit of a grey area. However, I would think that if the offer is decent, and it clearly came through the old listing office, that you should be willing to pay the commission.
There are a lot of listings sitting out there, without an offer, who'd be thrilled to trade places with you, and pay a commission.
that protection period ends, as soon as another professional real estate agency is signed. Under these circumstances, it's a little gray, although I agree that an arbitrator would likely find that a commission is due...
but if they get a good sale, and especially since the agent is related to them... and the sale came through that agent/agency... smile, and accept the contract w/commish.
Had the contract come in the very last day of their agreement... would they even be having this thought? It was only a few days ago. If they really didn't want to pay the commission on a sale post-agreement... they probably should have "refused the showing"... but we all know they didn't want to do that.
It looks to me as though the water is a little murky here.
This is not legal advice. For legal advice ask an attorney.
In real estate there is term called "procuring cause". How is did it come to pass that the agent that had the buyers knew about your home being on the market?
In most cases the reason they knew is due to the agent's marketing. Legally the question boils down to the fact the if they found out based on the agent's marketing, then you owe them a commission.
You should also know that most brokers know (the people for whom the agent works) that is it not uncommon for buyers to wait until the listing expires to contact the sellers directly, hoping to "save the cost of the commission". Because you are dealing with people's livelihoods (to you it is a commission, to the Realtors it is how they earn a living), I would not be surprised IF you opted to not use your agent, the broker would let the transaction close, then sue you for performance (meaning they would prove, and probably could do so, that it was due to their agent's marketing activity that the buyers were aware of the property. So your relative may not take action , but their broker probably would.
The fact that they never offered you a copy of the listing contract concerns me Did you ask them for a copy?
You should have gotton the copy of Contract, Agency Disclosure, Property Condition Disclosure, Lead Paint Disclosure and Listing Date and Expire Date including the Commission %. Once the Listing is expired, the home owner is free to look for and speak with another Realtor.
I checked on the MLSLI for the 11727 zip code and date 12/22/08, nothing came up. If you can send me the address of the property I can research the status and let you. I work in the area, please let me know if I can be any help. Thanks.
Please focus on what you want out of this...Selling homes in this market is not easy. In your place, I would kiss the hand of the Realtor who brought me a buyer!
The selling agent had an option to contact you directly, but chose to go through your former Realtor...does that speak to you?
Century 21 Princeton Properties