Contract expired; agent still showing property (agreement, requirements, house, listing)
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Seems very odd to me that 6 weeks after our contract with her expired, this agent is still listing and showing our place. When we were in the process recently of switching to a new agent, the old one said she had an interested buyer (common, I know) but that her colleague was handling this buyer.
I'm curious that if a sale comes from this convoluted scenario, would the old agent get any part of the commission, since at the time she "found" this supposed buyer, her contract with us had long since expired. This is Utah.
Amazing she wouldn't keep tabs on expired contracts.
6 weeks is not that long of a time. What people have referred to as a "protection clause" usually lasts from 90-180 days (depends on the agent/agreement). This usually only applies to buyers who viewed the property during the original contract period. If the agent is bringing new buyers in, who didn't see the property before the original listing expired, then they would likely not be entitled to a listing side commission. If they're just representing the buyer, then nothing is weird about her showing the property.
All of this would be stipulated in the original contract. If you suspect the first agent is doing something wrong, bring it up with your current agent.
If she's showing it now as a buyers agent, that's what happened to me. Agent A had my listing. Contract expired, I relisted it with B. A is up the street, showing a 4 bedroom to a couple. Mine's not on their radar since it's only 3 BR. Buyers make some comment indicating a 3 bedroom might work. "Let's go down the street and look at Okey's house. It's a little nicer and a little cheaper." They end up buying it.
Do you have a new agent? Has that agent listed your home in the MLS ?
Quote:
Originally Posted by Sand&Salt
Yes and yes.
Of course I'd be delighted if the old agent brought a buyer, but I was curious because the listing had long expired by the time she found this "buyer" so it doesn't seem like the "protection period" would be valid. Doesn't matter to me, as long as it sells.
I just thought it was interesting that an agent would continue to "work" without a contract....
This has nothing to do with a protection period. Since you are now listed through another agent, your former agent is merely showing the house as would any other Buyer's agent.
This has nothing to do with a protection period. Since you are now listed through another agent, your former agent is merely showing the house as would any other Buyer's agent.
I guess so. But she still had our listing under her name on all the sites during the lapsed period.
6 weeks is not that long of a time. What people have referred to as a "protection clause" usually lasts from 90-180 days (depends on the agent/agreement). This usually only applies to buyers who viewed the property during the original contract period. If the agent is bringing new buyers in, who didn't see the property before the original listing expired, then they would likely not be entitled to a listing side commission. If they're just representing the buyer, then nothing is weird about her showing the property.
All of this would be stipulated in the original contract. If you suspect the first agent is doing something wrong, bring it up with your current agent.
Thanks. This is helpful. I figured the "protection clause" did not apply because she found this supposed buyer way after the contract expired. And it is not even "her" buyer---the buyer is represented by her colleague.
To those who asked if I read my contract---yes---that's how I discovered it expired, LOL.
I guess so. But she still had our listing under her name on all the sites during the lapsed period.
This is probably a symptom of those websites (zillow et al) being bad with updating their data and likely has nothing to do with the previous agent.
She may be helping her colleague show the property to the buyers because her colleague was out of town or had to attend to something urgent. I've had other agents help me with showings before.
Of course I'd be delighted if the old agent brought a buyer, but I was curious because the listing had long expired by the time she found this "buyer" so it doesn't seem like the "protection period" would be valid. Doesn't matter to me, as long as it sells.
I just thought it was interesting that an agent would continue to "work" without a contract....
Nothing unusual about the old agent bringing a potential buyer to see your property. Your agent, has switched from being the listing agent, to being a buyers agent, with the new agent being the listing agent.
Just because your old agent did not find someone interested in buying your property while he/she had it listed does not mean when he/she finds a buyer at a later date after the listing has expired he/she will not be showing it.
While the property was listed, no agent in town was able to find a buyer. Now the possibility, exists that the old agent may be the one to sell it. This happens all the time.
Nothing unusual about the old agent bringing a potential buyer to see your property. Your agent, has switched from being the listing agent, to being a buyers agent, with the new agent being the listing agent.
Just because your old agent did not find someone interested in buying your property while he/she had it listed does not mean when he/she finds a buyer at a later date after the listing has expired he/she will not be showing it.
While the property was listed, no agent in town was able to find a buyer. Now the possibility, exists that the old agent may be the one to sell it. This happens all the time.
Fabulous! I hope this happens for us! I was just curious; certainly don't care WHO sells it.
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