Location: California
Submitted 01/25/12 04:36 PM

Q. My fiancee's family had a real estate for about a month. She showed the property to about 4 people and then quit. The family signed the cancellation agreements. Now a different agent is selling the house. Does all the work and now the other agent is claiming because she showed the house to the person who wants to buy it that she gets commission. This seems like complete bulletin to me? Can anything be done? On a side note would she still get commission if her license is suspended or revoked because us and another person who was going to buy the house are going to put in complaints on her because she had threatened the potential buyer saying he cant buy the house if he doesn't use one of her assistants so she could double end the house. Is that grounds for suspension of her license ?

 

Answer #1
Submitted 05/24/12 09:56 PM
Michelle Carr-Crowe 408-252-8900 Silicon Valley Homes,San Jose,Saratoga,Cupertino, Michelle Carr-Crowe Sells Lynbrook High Homes (Just Call 408-252-8900 San Jose Luxury Homes Cupertino KW): Agent in San Jose, CA Michelle Carr-Crowe 408-252-8900 Silicon Valley Homes,San Jose,Saratoga,Cupertino, Michelle Carr-Crowe Sells Lynbrook High Homes (Just Call 408-252-8900 San Jose Luxury Homes Cupertino KW)
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San Jose, CA

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A.

Read the original listing agreement to verify her rights...or lack of them. Some of our Silicon Valley forms have a clause that states a 90-day window (and this can be adjusted) after the contract is expired or cancelled, whereby the listing agent is still due the listing agent commission if a party was shown the home during her listing period. If that buyer had no agent, she potentially could claim "procuring cause" on the buyer side as well.

However, in our agreement, the listing agent is required to provide a list in writing of all parties who were shown the home for it to be enforceable.

Your best starting point is to read the original listing contract and check with her broker.
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