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I recently changed agencies and have a question.  One of my exclusive listings wanted to come with me (there were 10 days left on a 6 month exclusive agreement and a letter requesting termination was sent by the seller to the broker requesting termination) but the broker would not release the listing.  In that 10 day period, the broker showed the house to a potential buyer but no offer was made.

When the listing expired, the seller re-listed with my new agency.  Now the first broker is planning to make an offer on the house in behalf of the buyer she showed the property to.   She has not registered the buyer. If there is an O&A, who is entitled to the commission on the listing side?

Gary Coles (International Referrals)
Venture Realty International - Las Vegas, NV
Latin America Real Estate


Your question really can't be answered without reading the language in the listing agreement.  And even then, two different attorneys might interpret it differently. 

But, I think there are much more important questions than that of commission.  The question is:  What is being done to insure that the client is completely taken care of during negotiations and during a potential contract?  Are they getting the representation that they diserve?

To me, the client is paramount.

Aug 01, 2009 01:24 PM
Barbara Feldman
Hamptons Interior Desigin - East Hampton, NY
Hamptons Pet & Family Friendly Interior Design

The client has been serviced 24/7 by me.  No one could be taken care of better even by her own admission.  In fact, we have become friends and she is so concerned about my not getting shafted that she wrote a letter - unsolicited I might add - to the other broker insisting that I get what is due me.  We just want to know what exactly I am entitled to receive. 

And by the way, I work to pay my bills.  The client's needs are important, but so is my ability to be compensated for my efforts.

Aug 01, 2009 03:43 PM
Thomas McGiveron
BangThePhones.com - Sayville, NY
Thomas McGiveron Lic. R.E. Broker Associate

It may go no where so don't worry about.  Get another buyer!!!




Aug 13, 2009 09:10 AM