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Old 03-09-2010, 02:09 PM
 
1 posts, read 44,364 times
Reputation: 28

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Back in Oct. 09, we signed on with a realtor for 6 months to sell our house due to relocation. Plans changed and we aren't relocating--asked the realtor to take the house off the market in January--she did no problem. We have since decided to sell our home anyways to buy another in the area. The day we took the house off the market, a couple's realtor called to make an appt. to see our house--they were told at the realtor office that it had been taken off the market and those people never were shown the house. A few days later, they drove by our house and stopped to talk to my husband who happened to be outside and showed interest in the house. At the time (Feb.), we were still in limbo and they ended up telling us to call them if we decide to sell. Our contract with our realtor expires on April 12 and also states that she will still receive her commission fee if we sell the listed property to anyone who saw the listed property through either her or another broker during the time of the contract for up to 180 days after the expiration of the contract. At the end of Feb. they contacted us and I showed them the house myself and they never saw it on with/through anyone else. They are willing to wait to buy until the contract is up----I don't think we are breaching the contract b/c they weren't shown the house while it was on the market, are we? Can we sell our house to them ourselves (after April 12) w/out the risk of breaching the contract with the realtor?
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Old 03-09-2010, 02:19 PM
 
Location: Hernando County, FL
8,489 posts, read 16,514,804 times
Reputation: 5397
Ask yourself this.

Through who's effort did they find out about the home? Their Realtor? Yours?

You may want to read your contract a little closer. Just because they didn't actually see it with the Realtor does not mean he isn't entitled to his commission.
There is probably a provision in the contract that you forward all interested parties to the listing Realtor. Being you are still under contract you would have technically already breached the contract.
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Old 03-09-2010, 03:13 PM
 
Location: Colorado Springs, CO
1,570 posts, read 4,913,089 times
Reputation: 1375
"They are willing to wait to buy until the contract is up----"
You asked them to wait until the contract was up? What does that tell you?
Honesty in business is a 2 way street - you may be going the wrong way. You may end up in court or mediation if your contract required it (most do).
I would be a more honest approch to go back to your listing agent - explain the deal and ask for a lower commission, etc. If I were that listing agent, I'd gladly work at a reduced rate. But if I have to go to court ... I'd be seeking the commission, and court costs.
Treat others the way you'd like to be treated and you'll never go wrong!
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Old 03-09-2010, 08:30 PM
 
Location: Tempe, Arizona
4,511 posts, read 10,954,712 times
Reputation: 2170
What Mike and MMichelle said. Just taking it off market without canceling your contract does not void the contract terms.
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Old 03-09-2010, 08:48 PM
 
Location: Knoxville
1,155 posts, read 2,797,975 times
Reputation: 364
Hey chick, agree with all the posts, and you probably would not even had an interest, had it not been for the list agent and the posting and advertising. The right thing woud be to talk to that agent and see what you can work out. Its hard enough to be fair and honest, and any agent that would ask you to wait, would be acting in bad faith. What goes around, comes around, so do the right thing. Good luck, and Im sure you will do the right thing.
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Old 03-10-2010, 06:39 AM
 
Location: Palm Coast, Fl
2,249 posts, read 7,605,718 times
Reputation: 993
Question for you.. did she just withdraw the listing or did she unconditionally release the listing?
There is a big difference.
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Old 03-10-2010, 07:09 AM
 
Location: New Mexico
631 posts, read 2,003,119 times
Reputation: 323
I've read the OP post several times. The conclusion I've come up with is read your listing to the letter. If you get into a gray area, don't convince yourself you are right because you will probably lose. Make sure you're within the agreement.

My listing agreement states for payment of commission after the listing term expires; the protection period is only good if within 5 days before or after the listing term expires that the broker firm discloses the names of potential buyers to whom they've introduced the property to. Not shown the property to.
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Old 03-10-2010, 07:14 AM
 
Location: Palm Coast, Fl
2,249 posts, read 7,605,718 times
Reputation: 993
It also depends on whether the listing agent just withdrew the listing or did an unconditional release.
If she did the latter then there is no commission due... at least around here. In either case, it would be the paperwork signed for the withdrawal that would be in control as it is an addendum to the listing agreement.
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Old 03-10-2010, 07:59 AM
 
Location: New Mexico
631 posts, read 2,003,119 times
Reputation: 323
Quote:
Originally Posted by palmcoasting View Post
It also depends on whether the listing agent just withdrew the listing or did an unconditional release.
If she did the latter then there is no commission due... at least around here. In either case, it would be the paperwork signed for the withdrawal that would be in control as it is an addendum to the listing agreement.
True to the above, but she did not sign a termination agreement. From reading her post, it sounded like a verbal to take it off the market and they left it as she owes $$ if the house sells until the listing term expired.
No unconditional release there.
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Old 08-22-2013, 01:16 PM
 
1 posts, read 32,588 times
Reputation: 11
Default No Brainer..

Como'n now this is a no brain er. First question. Are the buyers Psychic that without any sign on the property they knew that someone in the neighbor was trying to sell and stopped by? Of course not. The buyers are realtors and knew about that listing through the effort of the selling broker that placed the property on MLS, therefor giving selling notice to every realtor in the area. Do you think that the fact that the realtor went "next day" after it was taken off the market was a coincidence ? I'll say that was an easy sale commission earned. And that's what I call "The power of the MLS"!!
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