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Old 09-08-2000, 10:21 AM
Kiki
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In July of 2000 I saw home that was listed with a real estate agency. I did not sign any documents(not even a disclosure) when I met the realtor at the home to view it. My offer was not accepted. The listing has since expired. A month later I saw the home for sale by owner. I called the owner but she was afraid to deal with me because she was told by the realtor that she could not sell me the home until a year has elapsed. The owner was afraid of being sued by the realtor. I assured the owner that I didn't sign any documentation with the realtor and the only dealing I had with the realtor was when I viewed the home. My question is, what are the real estate laws in NY regarding expired listing that become FSBO? Can I make an offer on the house without the owner being sued?
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Old 09-08-2000, 11:47 AM
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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Kiki:
In July of 2000 I saw home that was listed with a real estate agency. I did not sign any documents(not even a disclosure) when I met the realtor at the home to view it. My offer was not accepted. The listing has since expired. A month later I saw the home for sale by owner. I called the owner but she was afraid to deal with me because she was told by the realtor that she could not sell me the home until a year has elapsed. The owner was afraid of being sued by the realtor. I assured the owner that I didn't sign any documentation with the realtor and the only dealing I had with the realtor was when I viewed the home. My question is, what are the real estate laws in NY regarding expired listing that become FSBO? Can I make an offer on the house without the owner being sued?<HR></BLOCKQUOTE>

The homeowner is thinking prematurely. The agent will not sue if you buy the home if the owner pays the agent the rightful and agreed upon sales commission. Since you met the agent at the property showing, if you buy the property, the agent has what is known as a procurring cause agency. It does not matter if you did not sign any documentation and it does not matter if you use this agent or not. If the owner signed an Exclusive Right to Sell agreement with the real estate agency, the owner is bound by the terms and conditions of this contract. This is a general response only.
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