Dennis,  in 10950

I am a real estate agent that took a listing and this listing recieved an offer before the listing expired.

Asked by Dennis, 10950 Thu Mar 27, 2008

The buyer and seller proceeded with the deal. Home inspections were done, a concession was agreed to for items in the home inspection, and contracts were sent out. When the buyer recieved the contract, they tried to add a house sale contingency to the contract, but the seller would not agree. The listing had now expired and the seller relisted the property with another company. In teh meantime the seller and the buyer continue to go back and forth about the contigency. Eventually the seller tellst the buyer that they are not going to move forward with them and mails the deposti check back. The buyer agrees to revert back to the original dela that was agreed upon and they sign a contract that is the same as the original deal. Now the ne wreal estate comapay is claiming that this is there deal even thought they have not participated at all. Who's deal is this and who gets the commission?

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Bill Eckler, Agent, Venice, FL
Sun May 10, 2009
Our opinion is the first level of intervention should be between the brokers invloved in this transaction. They should be able to work through this by coming to a common understanding based on real estate policy and the contract language.

Should this not prevail, the second level of intervention could be the grevience committee of your local board of realors. They should be able to provide the direction you are seeking.

Good luck
0 votes
Vincent Lorio, , East Fishkill, NY
Sun May 10, 2009
Sorry Dennis but I don't believe you're entitled to the commission. There is a clause in the contract, Owners Obligations after Expiration of agreement, that your commission is protected for an agreed upon number of months however in taht clause it goes on to say that the owner will not be obligated to pay such commission if the owner enters into a valid exclusive listing agreement with another broker after the listing expires.
The clause is really meant to protect us from buyers and sellers waiting until the listing expires and then working a deal together.
0 votes
Marty Remo, Agent, Central Valley, NY
Sun Nov 9, 2008
I find it troubling when a buyer or their agent fails to make the listing agent aware of a house contingency prior to the contracts going out.

Our purchase agreements allow for so many day for the buyer and seller to signs the contacts...before the seller can move on with the other offer. However, I would be confident that the purchase agreement reflects that the deal is subject to their attoney's approval.

I believe that your commission will be protected via the exclusive right to sell if they decide to stick with the orginal deal.
Web Reference:  http://www.RemoRealty.com
0 votes
Stacey Brown, , Colchester, CT
Fri Mar 28, 2008
This is why we have grievance committees, lawyers and judges.
Web Reference:  http://www.ilmct.com
0 votes
David Gierli…, Agent, Depew, NY
Fri Mar 28, 2008
I would be talking to your broker and check if you have a clause in you listing contract for closings after it has expired. Also call your local board and ask for there advice or ask for mediation.
0 votes
Gizmo, Home Buyer, Westchester County, NY
Thu Mar 27, 2008
You should have had a clause in the contract that says you get commission if the deal closes within __ time of the expiration date. If you didn't have one, you're out of luck since it's not like you owned the original contract itself.
0 votes
Woody Hogg, Agent, Mechanicsville, VA
Thu Mar 27, 2008
Dennis-Welcome to real estate. It sounds like you are the procurring cause but you need to revert back to your listing agreement. If the contract was in fact released you may be out in the cold depending on the language in your agreement with the seller and how long of a period of time expired. The second company may not have any obligation to you since their agreement was with the seller. The seller could find themselves in the position that they owe both of you a fee. It may take both an arbitration comittee and a judge to give you the final answer. Hopefully your broker and the company attorney can review the contract and head you in the right directio. Good luck!
0 votes
Jim Rowland, , 92509
Thu Mar 27, 2008
I'm not sure of your location, but where we are if you provided a list of people that the property was shown to and you put a number of days after the listing expired that if the property was sold to anyone on that list within that number of days, you are owed the commission.
I hope that helps you.
0 votes
Gail Gladsto…, Agent, 11743, NY
Thu Mar 27, 2008
I sit on the Grievance Committee for the Long Island Board of Realtors.

First of all, your Broker should be involved and in communication with the other Broker and the Seller's attorney. The Seller is at risk for Two commissions.

If there is no satisfaction now, follow the deal and the minute it is closed, file arbitration complaint with your board. Document with time and date from the first day to the last. Be factual...do not editorialize; I am sure your Broker will assist you.
Web Reference:  http://GailGladstone.com
0 votes
Bee Nguyen, , Atlanta, GA
Thu Mar 27, 2008
I believe if you were the listing agent at the time the buyer was procured, which sounds like that is the case, you are owed the commission. In the listing agreement, see section 7 that pertains to the commission agreement. If the buyer was introduced during your listing period, you should be protected after the agreement expires for a set number of days (you fill in that blank). If you did have your Sellers sign section 7 and you did not fill out the days in which you are protected after the expiration date, then it will be hard to argue your case. It is called the "Protected Period."
0 votes
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