obligations?

**westyoungman** · 03-05-2009, 02:54 PM

Hi all,

The written contract with my discount real estate broker recently expired and I chose not to renew (for several reasons) with them. Now, I know that by the prior contract, that I am to pay my Realtor his flat fee if the house sells in the next 90 days, to any of the folks who came to see the house during the contracted period.

Four days after the contract expired, this same Realtor called us to see if a new person could come view our house. This person (a woman) was referred by another Realtor who is representing a house for sale in my area. The woman has no agreement with that Realtor since she just came to the Open House by herself and happened to say that she would like to see more homes. I had no signs in my yard at that time so unless a Realtor had seen the signs previously, or the MLS ad, they would not know it was for sale or whom to contact. The woman is interested in our home and may very well make an offer.

So, my previous Realtor is involving himself but we have no written or verbal contract that he is still representing us. He also assumes the referring Realtor is representing this woman and has offered to accept 5% to split with the other Realtor. While this is a reasonable offer, we are just wondering what our legal or ethical obligations are to our previous Realtor now that we have no contract with him. Oh, we have not yet contracted with a new Realtor. Any help is appreciated.

Thanks,
westyoungman

**donrock** · 03-05-2009, 10:30 PM

There is a lot of grey areas here so I would say if you think the 5% is fair go for it and don't worry about your legalities. Just sign a one time showing agreement or something similar that doesn't tie you to anyone until you decide what you want to do.
Good luck,
donrock

**robbuntz** · 03-06-2009, 08:43 AM

Generally, your agent should provide you with a "protect list" with the names of specific people with whom they have worked on your home and for whom they would legitimately expect a commission. That said, in this market run, don't walk, to agree to pay your former agent if he/she brings in this buyer. I agree with donrock. Best of luck to you.

**westyoungman** · 03-06-2009, 09:41 AM

Thanks to both of you for your prompt and thoughtful answers. Good suggestions!

Sincerely,
westyoungman

**TDG** · 03-06-2009, 10:22 AM

Legally it sounds like you are in the clear. Your ex-Realtor should have had you sign a "one time showing" compensation agreement to cover himself and ensure his fee. On another hand, without any Realtor involvement you would not have found a buyer (you said you had no sign, etc.) so ethically you may want to consider that fact. One final note: protect yourself in this and every real estate transaction by using a licensed Realtor. It is worth 5% to know you have all the i's dotted, t's crossed, best terms negotiated and your sale will be a success. Good Luck!