we withdrew our listing agreement after only 30 days - then sold to a family member 7 months after the

Asked by Ynot, Sarasota, FL Fri May 22, 2009

we withdrew our listing agreement after only 30 days - then sold to a family member 7 months after the signing of the listing agreement - can the realtor suit for commissions?

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Drew Russell, Agent, Sarasota, FL
Fri May 22, 2009
It depends what the terms of the withdrawal were and what the listing agreement says. More than likely you should be fine. I know that most agents would not go after a seller for commission like this, especially if you terminated the listing. If the property was unlisted for 6 months you should be fine. Also, the agent is only protected if your family member contacted he or she as an interested party during the time of the listing.
Web Reference:  http://www.drewrussell.com
1 vote
Debbie Barna…, , 29301
Fri May 22, 2009
You will need to check your Agreement to buy and Sell. In South Carolina the realtor is due commission for up to 6 months. FYI---The first 30 days of a listing are the most time consumming and expensive, if you do it right that is...
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Teresa M. Fe…, Agent, Sarasota, FL
Fri May 22, 2009
Dear Ynot,

You need to take a look at the listing agreement that you signed with your realtors agency. Was it an Exclusive Right of Sale Listing Agreement? When did the listing expire (Termination Date)? Did your relative have any communication with your listing agent regarding the property prior to it's termination? If not and the listing has expired, then you should be fine. However, if your relative did communciate with your agent about the property prior to termination of the contract and purchases the proeprty within a certain number of days after the termination of the contract (The number of days will be noted in your agreement) then your agents agency is entitled to the commision stated in your agreement and they can sue for damages.

It all depends on what was agreed to in your listing ageement.

My best,

Teresa M. Fellows
Waterside Realty LLC
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