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OK, so you have that clause in place for the next 51 weeks, it's not a 6 month carryover clause, unless your listing agreement expires in August. What are the dates covered by your listing agreement? My company uses its own form, written by our attorneys and it specifically says 180 days for the carryover.
We did not sign a new listing agreement, and our old one was to have expired on the 20th (which is weird since this new one she put Feb 15th as a start date). So it is a 6-month carry over clause. I could only find the new one she sent for us to sign (which we did not) and the dates in there are for the renewed agreement, so they don't apply.
We did not sign a new listing agreement, and our old one was to have expired on the 20th (which is weird since this new one she put Feb 15th as a start date). So it is a 6-month carry over clause. I could only find the new one she sent for us to sign (which we did not) and the dates in there are for the renewed agreement, so they don't apply.
I find it highly bizarre that she would want to keep a key box on the house. That tells me that she doesn't understand your intentions to really pull it off the market for a year, or she is really unethical. We don't keep lock boxes on houses that aren't listed with us. Most MLS's have rules about lock boxes being off in 48 hours or so.
I just looked it up and it is indeed a reg of the MLS that the lock box be removed within 72 hours of the expiration of the agreement. The only thing I can think of now is I might have misheard her about when the listing expires -- maybe rather than Feb 20th she said or meant March 20th.
Good news, the listing is now showing up in MLS as expired. As others have said, request the key be returned either by mail or have your rental property manager pick it up. According to one of your posts the carryover clause runs through 2/15/11, unless I read it wrong. Remember any buyer that saw your house that suddenly becomes interested would want to see the house again, which you can refuse.
The carry over clause is only good unless you sign with someone else. Her protection period ends after the six months and is only for people she showed the home to or who saw the home before the listing ended. It doesn't mean that she's protected for people who have seen the home AFTER the end of the listing. And she's not protected in anyway if you list with someone else.
If she brings someone AFTER the listing has ended, she needs to get a commission agreement signed by you for that particular person. If she doesn't...well...then you don't have to pay her.
Thanks. I highly doubt she will be bringing anyone anyway. I'd be happy to entertain offers until there is a renter, of course, but somehow I doubt there are a bunch of newly interested people.
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