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Agreement for Exclusive Right to Sell

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JML1976

Junior Member
Question on Clause in Agreement

What is the name of your state? MA

My parents signed the agreement for exclusive right to sell with a broker for their home. The contract expires on the 15th of this month. They have opted not to enter into a new agreement with this broker - because they have not been happy with his services. They are going to attempt to sell the house themselves rather than list with a new agent
There is a clause in the agreement that states that 60 days after the expiration of the agreement - if any person that was introduced to the property during the time the agreement was in effect purchases the home - the broker is entitled to the commission.
If this was to occur
How does the broker go about proving that the person buying the home after his agreement expires and within the 60 days had an interest prior?
What are the circumstances?
 
Last edited:


HomeGuru

Senior Member
JML1976 said:
What is the name of your state? MA

My parents signed the agreement for exclusive right to sell with a broker for their home. The contract expires on the 15th of this month. They have opted not to enter into a new agreement with this broker - because they have not been happy with his services. They are going to attempt to sell the house themselves rather than list with a new agent
There is a clause in the agreement that states that 60 days after the expiration of the agreement - if any person that was introduced to the property during the time the agreement was in effect purchases the home - the broker is entitled to the commission.
If this was to occur
How does the broker go about proving that the person buying the home after his agreement expires and within the 60 days had an interest prior?
What are the circumstances?
**A: generally if there is arbitration or litigation; through the process of discovery which includes but may not be limited to depositions, interrogatories, testifying witnesses etc.
 

nextwife

Senior Member
Any broker who showed or notified a client of this house during the contract period will have a record or be able to testify to that fact. So if someone saw the house during the listing, they cannot simply wait out the listing to then try to buy it direct.
 

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