Question Details

Kay, Home Seller in 29072

How long is the usual protection period after the listing expires. My former agent put 60 days on the

Asked by Kay, 29072 Sat Jun 28, 2008

contract. He went on leave of absence. The new agent took over. He wants 180 days.

Help the community by answering this question:


Kay, As Kelly from PA said, it is the same in Louisiana. If you list a property with Kelly and John Smith views it during the listing with Kelly and doesn't write an offer-then the listing terminates or expires and you list with me-then John Smith comes in with an offer while it is listed with me, you will not owe Kelly a commission, unless she is representing him as the buyer. Then she will get the buyer's side of the commission. You will not owe Kelly a separate listing commission. As far as how many days are put in the blank for the protection period, that only refers to you "selling by owner". If you don't relist with another broker and you run into John Smith at the store and he asks if you still want to sell your home and you say yes, let's make a deal-the listing agent during the time he first viewed your home may be owed a commission depending on the amount of time that was put in that blank. It would be nice to get your answer from an agent in Lexington S.C. We would have to read your listing agreement to give you a valid answer.....just in case it differs from our contract.
1 vote Thank Flag Link Sat Jun 28, 2008
If a real estate agent in florida cancels a listing agreement on the person they are working for. What is the time the seller can sell the property to anyone without having to pay him or her a commission. The agent cancelled on the person that she was working for because they didnt get along and clashed on day to day conversations

0 votes Thank Flag Link Thu Sep 3, 2015

You won't have to pay commissions to both buyer's agents. You're actually talking about something different than a protection period.

What you are asking about has more to do with buyer's agency than protection period. If the first agent that showed the home to the buyer did not have an agency agreement with the buyer, then the buyer saw the house with another agent, then the first agent will most likely be out of luck. That first agent will have to file a complaint with the local Real Estate Board in order to be decided as procuring cause for the sale, but shame on them for not having buyer's agency signed. Chances are they will not win the complaint, especially if they lost touch with the buyer between the two showings.

Regardless, you don't have to pay both buyer's agents. It is up to them to fight over the buy-side commission.

John Mizerek
RE/MAX Pros, Westlake OH
0 votes Thank Flag Link Sat Jun 28, 2008
Kay, that is really up to the agent what they want to put on as a protection period. I have seen agents put up to 24 months on listings. That is their choice. I am not sure what you listing contact says, but I know in the area that I work if it is relisted with another real estate agent / broker that protection period is null and void. The protection period is more for when an agent brings in a buyer and the buyer and seller wait for the listing to expire and cut the agent out.

However, I agree with Kelly, you may want a real estate attorney review your particular contract. Best Wishes to you!
Web Reference:
0 votes Thank Flag Link Sat Jun 28, 2008
I'm not 100% on this, but I would think no. If that situation came up and I felt I was owed the commission, I would ask my Broker/manager about it. You should read what it says under the protection period section of your listing contract and consult an attorney for legal advice. I wrote about my listing contract as an example of how it can be structured.

0 votes Thank Flag Link Sat Jun 28, 2008
Kelly, If a buyer saw the property during the tim it was listed for sale with you, the buyer buys the property later when I listed the property with a different Broker. Do I need to pay both you and the current listing Broker during your protection period?
0 votes Thank Flag Link Sat Jun 28, 2008
If you are renegotiating the listing contract and the new agent isn't just taking over your original contract, then you should negotiate whatever you feel comfortable with. If you felt 60 days was fair then stick with that. You should also closely examine the language of the protection period. For instance my contract states that it doesn't apply if the seller lists the property with another Broker. It only applies if the seller sells the home to a buyer who saw the property during the time it was listed for sale with me.

Good luck.

Kelly Gidzinski
Long & Foster Real Estate, Inc.
0 votes Thank Flag Link Sat Jun 28, 2008
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2016 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer