can a listing agent get paid her commission if they forget to get an agreement sighned?

Asked by Ginger, 77450 Fri Mar 5, 2010

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8
T.E. & Naima…, Agent, Dallas, TX
Fri Mar 5, 2010
First, a broker cannot put a sign in the yard or show the house on the MLS until an executed listing agreement is in place.

Second, payment of commission relies on an agreement between broker and principal, whether that's seller or buyer.

Forgetting is not only a way to miss out on earning a commission but also a way to get disciplined for not following the rules.
3 votes
Angie Willia…, Agent, Lufkin, TX
Sat Jan 26, 2013
First of all, there is no "listing agent" if there is no listing signed. So the answer is no.
0 votes
Becky Leal, Agent, Katy, TX
Fri Jan 25, 2013
If its not in writing and signed, it's not binding!
0 votes
Keith Sorem, Agent, Glendale, CA
Sat Mar 6, 2010
One more thing...there is a BIG difference between an OFFER and a Qualified Buyer and a CLOSED escrow...do not be over-confident....
0 votes
Keith Sorem, Agent, Glendale, CA
Sat Mar 6, 2010
Just to clarify - are you clueless?

See an attorney.

If your Realtor failed to have you sign the listing agreement ...that is one thing.
If there was FRAUD involved....that is something else.

Either way, ask your attorney or your Realtor.
0 votes
Christi Bord…, Agent, Katy, TX
Sat Mar 6, 2010
Ginger, the group has answered your question well. The contract between you and your agent must be in writing for her to collect her commission. Also, she is not allowed to put a property in MLS without an Exclusive Right to List or Exclusive Agency agreement signed by both parties. I would first make sure this person is licensed through TREC and then you can deny payment of her commission if no such agreement was in place. You can also make a complaint to TREC. Good luck to you.
0 votes
T.E. & Naima…, Agent, Dallas, TX
Fri Mar 5, 2010
Very odd indeed. Looks like you got your answer. Are you perhaps talking about an addendum to the agreement? Are you sure they are licensed agents? I recently (yesterday ) read about a person in the San Antonio area that has been pretending to be an agent since 2006 and collected on $$$ on deals and until someone filed an ethics complaint on them (on a different matter), the Texas Real Estate Commission and fellow Realtorrs never knew that they weren't licensed at all.

Naima
214-289-8555
Naima@Sumner-Realty.com
Web Reference:  http://www.sumnerrealty.com
0 votes
John Juarez, Agent, Fremont, CA
Fri Mar 5, 2010
Hi, Ginger,

What? I really don’t understand your question. Did your agent forgot the minor detail of getting a listing agreement signed and listed a property without that formality? If so, there may not be any legal requirement to pay that agent. In fact, that agent may have violated ethical practice if a Realtor and had no right to offer the property for sale nor act on behalf of the seller.

What happened? More detail would be helpful.
0 votes
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