Listing Ending Buying Property Without Realtor

[TaoWanderer]

What is the name of your state (only U.S. law)? CA

I made an offer to buy a piece of real estate through the listing agent 4 months ago, which was not accepted and I was not in a position to offer more. Now the parcel is no longer listed on the MLS and it looks like the seller may be willing to sell it to me for my original offer being that now they are not under contract with the realtor and don’t have to pay their commission. Before I go through with it though I just wanted to make sure I’m not creating any legal situation which may come back to bite me, by excluding the realtor.

[Stevef]

Originally Posted by TaoWanderer

What is the name of your state (only U.S. law)? CA

I made an offer to buy a piece of real estate through the listing agent 4 months ago, which was not accepted and I was not in a position to offer more. Now the parcel is no longer listed on the MLS and it looks like the seller may be willing to sell it to me for my original offer being that now they are not under contract with the realtor and don’t have to pay their commission. Before I go through with it though I just wanted to make sure I’m not creating any legal situation which may come back to bite me, by excluding the realtor.

There's no way to tell without reading your agreement with the realtor. There is a very good chance that the seller will be liable for paying a commission if s/he sells to you.

[TaoWanderer]

Thank you for the information

I the only thing I have in my records of siging was the offer, could that condition of paying the commision be in there somewhere, I will read the whole thing again?

Is there a satute of limitation where by this would no longer be valid?

[justalayman]

The contract involved would not be in your offer agreement. It would be in the sellers listing agreement. There is almost always a clause in such contracts that protects the agent for some period of time against situations such as this. If that time has run, the agent may still be able to seek a commission if he has any evidence pointing to the seller intentionally trying to wait out the continuation period but...

it is the seller that would have to deal with it and would owe the agent, if the agent were successful in such a claim so I say go ahead and make the deal. You are not affected by that contract.