Removed House from Market. Recently got a buyer, do I need to pay real estate comission to realtor

Asked by Houston, 77007 Sat Feb 21, 2009

I had my house on market for a year but did not get the right price so I removed it from market 2 months back. Recently we got buyers on our own who are ready to pay the price we wanted. Am I still obligated to pay the realtor her comission.

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Margaret T.…, Agent, Conroe, TX
Mon Feb 23, 2009
You are in Houston so your contract and your Realtor are bound by the rules of HAR. Not any other MLS.
HAR has different ways of removing your property from the market.
1) It Sales
2) It expires
3) It is withdrawn - The seller withdraws the property from sale. You may not sell the property during the term or the listing - This should be reserved for a change in circumstances.
4) hopefully not for you a forced change in ownership such as death or foreclosure.
5) Termination - here your form will state if your are released from paying the Broker a fee or if you or to pay a fee when you sell under the period of the contract.

Now if you sold or are selling the property to someone that viewed the property while listed the listing agreement will state what protection period the Broker request. That period starts the day of proper termination or expiration and if you sell in the 30,90 ,180 or what ever amount of days are listed you owe a fee.

I hope this clears it up for you.

1 vote
Kathy Diegel, Agent, Elgin, IL
Sat Feb 21, 2009
If this buyer you found has never been shown your home by another agent while it was listed then you do not owe a commission to your realtor.
1 vote
Joe Cano Jr, Agent, Houston, TX
Mon Feb 27, 2012
Depends on the Protection Period advocated on your contract.
0 votes
Tony Camero, , Houston, TX
Sun Mar 22, 2009
That really depends on the listing agreement you originally signed with the listing agent. If the agreement expired then you found a buyer then no you have no obligation to the agent for commision. I am curious if it was just a mutual agreement to take the home off of the market for a period...or if the listing just expired?
0 votes
Bruce Lynn, Agent, Coppell, TX
Sat Feb 21, 2009
How did the buyer find you? Was it a result of the realtors efforts? If so I would think you would want to pay them. You might want to look back at your listing agreement as a reference.
0 votes
Edith Karoli…, Agent, Winnetka, IL
Sat Feb 21, 2009
It is a little hard to answer your questions correctly as I do not know what kind of listing agreement you had with the listing agent, and what you mean you removed house from market, i.e. it was listed with a brokerage and listing agent and the agreement expired or you canceled? In the listing agreement it is spelled out exactly what you can or cannot do for a certain period of time, or at least that is the case for most listing agreements, especially if the buyer had seen the home or was shown the home by an agent during the listing agreement.

Be careful and read your listing agreement carefully...

Hope this helps!
0 votes
Dallas Texas, Agent, Dallas, TN
Sat Feb 21, 2009
You need to review the listing agreement determine terms and conditions when you canceled the listing.

DISCLAIMER: You might not have to pay amendment signed by all parties released you for any realtors fees owed.

Texas like many other states in US have laws a seller must follow in order to sale any property. If these laws are not followed you could be sued. Why many sellers have agents represent them therefore under e & o insurance for protection.

GOOD LUCK: Great you located a buyer !
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