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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.


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