Commission Due

What is the name of your state? Florida

This is a hypothetical, but often-encountered real-life situation:
I need to determine the applicable rules regards
seller's liability for commission to a real estate agent/brokerage under following conditions:

1) "Potential buyer" was brought by non-listing agent to view seller's listed property more than six months ago.
2) Seller's contract with his listing agent has now expired and he is now attempting "sale by owner"
3) Seller sells house to "potential buyer"

Is either buyer or seller liable for commission to showing agent and/or to listing brokerage after this period of time (more than six months since showing of property), if sale is made directly to this same "potential buyer?"

Thank you

[Souix]

It depends on what the Right To Compensation clause states in the Listing Agreement. On our forms there is a "blank spot" for us to write in the amount of days after the expiration of the listing agreement. Each agent fills in a different date depending on what they like to use. Some agents could fill in 180 days, some 360 so it would just depend on what the contract says.

In addition, the buyer could have signed a Buyer's Brokerage Agreement with the agent who showed the house, in which case, if he bought any house whatsoever, he would be liable to pay that agent a fee based on what the agreement states.

Thanks for update.

I guess I could have been more explicit.

Regards seller's contract, I guess I am trying to find out if there is a MAXIMUM period (after contract terminates ) allowed by law, reg, rule, whatever. I do realize that this window could and should be negotiated-down to zero theoretically.

Regards buyer and any contract, my supposition did not include a buyer's contract-only a house showing by a non-listing agent.

Thanks again

Al

[Souix]

Originally posted by 19gt52
Thanks for update.

I guess I could have been more explicit.

Regards seller's contract, I guess I am trying to find out if there is a MAXIMUM period (after contract terminates ) allowed by law, reg, rule, whatever. I do realize that this window could and should be negotiated-down to zero theoretically.


**As stated there is no maximum period, Its whatever the listing agent has filled into the blank**


Regards buyer and any contract, my supposition did not include a buyer's contract-only a house showing by a non-listing agent.


**What you are referring to is commonly called a buyer's agent. There is the listing agent and the selling agent. I have never heard of the term "non-listing agent". Since this is a hypothetical question, you would want to get all the fact, correct? Buyer's Brokerage Agreements do exist and you would want to ask the buyer if one exists.**

**If this is something that is actually happening, perhaps if you describe the whole story we will understand better.**


Thanks again

Al

[HomeGuru]

I tend to only respond to real situations.