Am I still due a commission, wouldn’t this be a breach of the listing agreement? I live in Texas

UPDATED: Sep 30, 2022

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Am I still due a commission, wouldn’t this be a breach of the listing agreement? I live in Texas

Broker listed commercial property for sale, seller has received a grant and can no longer sell the property, without me being informed. I have a willing able buyer to purchase the property. I am still under the listing agreement until October,2017 with a protection period of 60 days after the expiration date,

Asked on August 8, 2017 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

As a general matter, this would not be a breach of the listing agreement, and you are not entitled to a commission: sellers have the right to refuse offers, even all offers, no matter how good the offers are or how qualified the buyer; they can even take the home off the market. That said, your specific contract could give you rights to some compensation, or at least reimbursement of costs you incurred; an individual contract can give you greater rights than the norm. Review the terms of your contract to see what it ways about this situation; whatever it says is enforceable, in court (via a breach of contract lawsuit) if necessary.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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