Do I have to pay my realtor for the sale of my home if I find the buyer after the contract expires?

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Do I have to pay my realtor for the sale of my home if I find the buyer after the contract expires?

Our real estate contract expires 08/30. I have been in contact with someone who might be interested in buying our home. The realtor did not bring this buyer to us…we approached them. If they do want to buy it after our contract expires in August, our we still obligated to pay the realtor any fees?

Asked on August 18, 2010 under Real Estate Law, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You need to double check the contract's language, and you may wish to consult with a real estate attorney on the subject. (You probably should have one, to help out with the sale anyway.) Some contracts may state that *anyone* a seller had discussions with during the term of the contract is a buyer for whom, if the home is sold, a commission would be due. This is the sort of matter governed by the contract--it's language, it's terms, etc.--so if under the contract, you would be obligated to pay the commission, you will have to. That's why, before going further with the sale, you should understand your rights and liabilities, which means examining the contract carefully and, if at all possible, getting a lawyer's assistance in understanding it. Good luck.


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