Is previous agent entitled to a sales commission if he was let go 3 weeks ago but the buyers looked at our house while we were using him?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is previous agent entitled to a sales commission if he was let go 3 weeks ago but the buyers looked at our house while we were using him?

The part-time agent that we were using was not doing a great job. He never showed our home in 2months, so we let him go. He threatened us with a lawsuit to get his commission if we ended up selling to someone that viewed our home while he was our agent. He never provided a contract for us to sign but told us we were obligated under his exclusive right to sell for 6 months. I wonder if this was accurate information? Does he have a right to the commission even though he is no longer our agent and he did not get a signed contract from us?

Asked on September 7, 2011 under Real Estate Law, Oklahoma

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to carefully read the written listing agreement between you and your former real estate agent in that its terms and conditions control the obligations owed to each other in the absence of conflicting state law.

Under most written listing agreements the real estate brokerage that represented the seller is entitled to the agreed upon real estate commission during the period of the listing even it the agent/brokerage are terminated by the seller before the lisitng ends.

If you terminated your agent before the listing ended and you have a buyer for the home that is on the market and the initial listing period has not expired, your former real estate agent and his or her brokerage most likely are entitled to a commission for the sale of the property as agreed to under the signed listing agreement even though he or she did not have an offer brought to you.

Good luck.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption