Thread: question re: exclusive brokerage listing agreement

Originally Posted by jefflisap

I signed a contract with a flat fee realtor in Florida in July, 2007. The contract stated that the agreement expired on Jan. 7, 2008. It also stated that if the home did not sell by the end of the listing period the broker would refund the listing fee to me ($899). In November I requested the broker list the home for rent in addition to its for sale listing. I just contacted the broker to a refund of the listing fee, and she told me that when I asked her to list the home for lease that that extended our contract. Is this true?

You need to read your contract and see what it says. If you are still unsure after reading your contract, contact a real estate attorney and I am sure they will be able to answer all your questions in regards to your listing contract.

If you did not sign anything then it is most likely not extended.

An extension is a contract and contracts have to be written.

Good luck getting your money back.

Ditto.
You should know if you have signed an extension...

Originally Posted by jefflisap

I signed a contract with a flat fee realtor in Florida in July, 2007. The contract stated that the agreement expired on Jan. 7, 2008. It also stated that if the home did not sell by the end of the listing period the broker would refund the listing fee to me ($899). In November I requested the broker list the home for rent in addition to its for sale listing. I just contacted the broker to a refund of the listing fee, and she told me that when I asked her to list the home for lease that that extended our contract. Is this true?

Did you sign a 2nd contract for rental? Do you have an MLS number? i am a Fl realtor and can check the status of your listing and see if it ever did expire.

Do you have a copy of the contract? If so what type of contract does it say it is at the top of the page? If not ask your broker to furnish you with a copy. they have to do this by law anyway at the time of listing.

Sounds a bit funny and reputable realtors always like to have everything in writing!

I echo what everyone else is saying. It is only extended if it is in writing. Most likely when you added the property as a rental you would have filled out a form. Read through it carefully to see if it states anything about extending the contract. Good Luck.

I must say i would deffinatly look into it. For example im a Realtor in the Orlando area and when i draw up an exclusive right of listing, i dont have a fee, i work purely of the commission at the end, that way the customer doesnt have to pay out initially. If the property is a premium listing and the client wants it listed in the luxury portfolio then i charge for this but it is refunded at closing, and i have been doing cash back out of my commission as a special offer for a couple of months, so it sounds strange to me a realtor would operate like that, esp as it doesnt sound like they gave you a copy of the contract, which is a legal requirement.