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497965ba-dc4d-2a19-799b-47571446ccf3 |
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We have had our home listed with an agent for 6 months. Our listing has expired. During our listing, we have went in/out of escrow with a buyer, who also happens to be a realtor. Her offer was contingent upon selling her own home, which didn't happen. She has since come back and made a new offer, having sold her home. We have just realized our listing is expired, and our realtor has thus far handled our negotiations. He is however unwilling to negotiate his portion of the commission, and we are unable to pay the full 5% along with paying out of pocket as is to get out of this deal. Are we able to re-list our home with the prospective buyer/realtor and would this cancel any prior obligations with our previous realtor? (I've been told this works in another state, just curious if in CA it is possible.)
Your input would be much appreciated!
Thank you,
Lori |
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You're in a delicate situation. Take a look at the original listing contract. Often it says that you will owe a commission if you sell to anyone who saw the house while it was listed, for a given period of time. Then it sometimes says that won't apply if the place is re-listed with a different broker. But if that different broker then turns around and buys it herself, one could say she wasn't acting as your agent at that point, and your first agent might claim a commission. It's complicated. That's about all I can say. |
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Edith
Originally published on December 5, 2007 |
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