<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Oklahoma Home Owner?:
We listed a home for sale with a realtor for 6 mo. listing. We dropped him after this period. Then we started to call people ourselves to see if there were any interest. We renewed the interest from a couple that my wife and I got to look at the house the first week we signed the listing agreement and realtor showed the house. The people were unable to purchase property, because of other property that they needed to sell. We worked out a lease-purchase agreement with them, that they would rent our home and eventually purchase it when the sale of their property goes through. The realtor learned of this and has put a lien on our house for the real-estate commission we owe him. It has been a year and a half since we signed the listing agreement and almost a year since we started the lease/purchase agreement and the realtor still wants his commission if we ever finally end up selling our home to the renters. We have tried to get advise from some OK attorneys but they are not interested, because little money involved. What options do we have?<HR></BLOCKQUOTE>
From the information that you have provided, the Realtor is entitled to his commission. This is based on the premise that the listing agreement was in effect at the time the potential buyers looked at the home. Which the Realtor showed to them the first week of the listing. If you showed the home prior to the listing and the Realtor had nothing to do with these people, he may still be entitled to his commission unless in the listing form you named exclusions. This exclusion method is commonly used with FSBO people who try to sell the home themselves first then list with a Realtor. When they sign the listing agreement they attach a list of all potential buyers that looked at the home during the FSBO period. The deal is that the people named on the list are excluded as clients of the Realtor such that if these people do buy the home, the Realtor does not earn a commission since the Realtor was not the procurring cause.
Double check your listing agreement carefully. If is the standard NAR/Board of Realtors Exclusive-Right-to-Sell listing agreement, your Realtor is entitled to a commission even if you found a buyer for him. If the listing agreement was an exclusive or open listing you may have a valid counterclaim. He may indeed be lazy and greedy but you must abide by the terms of the listing contract. Have you talked to him to have him explain why he is entitled to his commission? Talk to legal counsel for the local Board of Realtors and give them your situation and see what their opinion is.
Lastly, what do you mean by the term OK attorneys? On this freeadvice website BB we have A-OK attorneys (that are not lazy and greedy) that respond even when no money is involved.
