My listing contract expired 12/31/2011. The protection period was 30 days. I did not relist. An agent called the listing agent to ask if my place

Asked by Jmc59, Montana Wed Feb 8, 2012

were still for sell. If I receive an offer, what am I obligated to pay the agents?

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Mark Meissner’s answer
Mark Meissner, Agent, Bozeman, MT
Wed Feb 8, 2012

Technically your house is no longer for sale and there is no longer an obligation to pay a commission. If you indeed still would like to sell, you can negotiate what is called a One Party Listing with your previous agent and that will spell out how you mutually agree the commission to be paid. Remember that they are bringing you a buyer, and without either agents' involvement this buyer would not have identified your property most likely. Talk with your agent and work something out that is agreeable to both of you.

Mark Meissner
ERA Landmark Real Estate
Bozeman. MT
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Tamara Stoebe, Agent, Lancaster, CA
Wed Feb 8, 2012
Hello Jmc56,

I see that you are in Montana - you should review your Listing Agreement, and if you are in doubt, contact the Broker of your former Listing Agent or your local real estate attorney, to make sure you do not have a potential responsibility you do not know about.

I wish you the best of luck.

Tamara Stoebe, REALTOR, GRI, e-PRO, CHS, QSC
DRE License #01827461
Prudential Troth REALTORS
1801 W. Ave. K
Lancaster, CA 93534
Cell: (661) 466-6849
Fax: (661) 422-3006
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D, , Bonita Springs, FL
Wed Feb 8, 2012

If the agents are procuring business on both end I would say you would be morally obligated to provide compensation. To find out if you are legally responsible for compensation first read through the contract, and if questions still arise, contact the listing agents Broker of record for clarification.

Daniel K. Wyka
Cell: 239.398.5667

Keller Williams Elite Realty
24851 S. Tamiami Trail, Suite 1
Bonita Springs, FL 34134
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