If however you honestly know that you have met these people and discussed a potential house sale several month before it was listed and their listing agent was never involved with you,I would ask the owners the see the listing contract. and check the exact wording.and wait till the contract expires. If you want to buy now, I think a good compromise would be to work with the listing agent , and maybe agree to have him/her get their seller commission , but use the buyer part as a rebate of the sales price .I would be fine with that.
I like solutions where every one wins .We call that mutuality of benefits.
Great question... "The Clause"
The clause is there for a pretty good reason for the most part. MY UNDERSTANDING of it is that if the Realtor's marketing, advertising, or actions regarding listing the property had an influence on your becoming aware that the property was for sale, then that Realtor would like to be paid for that occurance. When the seller signs the listing arrangement with "the clause" then the seller in essence is saying to the world... Yes. I agree that I will pay a comission if a sale should occur after X-days after the listing expires if my Realtor's actions helped bring the buyer." If the Realtor is like my husband and I, who spend an enormous amount of our time, energy, heart, soul, and earnings on bringing attention to our listings, then it is important to honor that clause out of good will or basically just doing the right thing.
Did the Realtor's sign or ads make you aware that the property was for sale? Or did the Realtor's actions make someone you know aware that the property was on the market and then they told you?
Here is another thought. If the Realtor's actions were minimal in your opinion and inthe seller's opinion, perhaps all 3 of you can discuss a mutually satisfying and agreeable way to satisfy all of your goals. Negotiate, compromise, and do what is best for all parties in this triangle. It sounds like everyone needs some representation in this scenario.
A referral fee such as 25%, a transaction licensee fee, or a flat fee or 3% for example are 3 options you can discuss. Now, many of my fellow Realtors might slam the hammer on me and say , "A contract is a contract! Whay have a contract if you are just going to go back on your word?" And I suppose they'd kind-of be right in legalistic terms. But life doesn't roll like that. Right?
I do hope you get the home. I'll bet that that Realtor would like you to get the home as well. Do a good thing and you will be blown away by the positive things that can happen as a result.
Generosity rocks! I hope that does not sound to hippie-dippie :)
In most cases, the seller is paying the realtor. the buyer usually doesn't have to pay the commission. I can't say for sure without seeing the actuall agreement, but this is usually standard.
The very best of luck to you.
Michael D Delp
4802 Old Bethlehem Pike,
Telford Pa. 18969
60 day - or + protection period is standard, however if the seller listed you regarding a potential home buyer when listing agreement was signed you could possibly pursue purchase HOWEVER all is governed by listing agreement .