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A Michigan real estate agent showed us a home one day ...
Sent to Legal Experts August 20 12:34 AM

A Michigan real estate agent showed us a home one day before the listing expired. The next day when we made an offer, I believe the real estate agent had us sign a buyer's agent agreement. We withdrew our offer before it was signed by the sellers, due to poor service on the part of the seller's real estate company, including not having my phone calls returned promptly and not providing the results of our home's market analysis in the time frame promised. Will the home owners be obligated to pay the real estate commission to the original agent if we now buy the house directly from the owners (they currently have it listed as for sale by owner)? If so, how long would we have to wait to make an offer without a commission being paid to the real estate agent?

 

Optional Information:
Grand Ledge, Michigan

Already Tried:
Selected a new real estate agent to sell my own home who provided a market analysis in less than 24 hours. Have considered offering to rent the house from the owners until we are free to buy without commission obligation.

Customer (name blocked for privacy)
Status:  Closed   Value: $15
Answer
August 20 1:24 AM (50 minutes and 15 seconds later)
         
ACCEPTEDCheck Mark

jsimons:

The terms you are inquiring about will be contained in the "Broker's Fees" section of the standard listing contract that the seller had with the listing broker. In the standard form it is a fill-in-the-blank item. (It wouldn't surprise me if they routinely write in a time frame such as 120 or 180 days.)

Here is a link to a sample listing contract - the applicable language is at lines 25-30: http://www.elkhartcountylistings.com/Listing%20Contract.pdf

The fact that an agent first showed you the property will be to the broker's favor, and they do watch to see what happens during that protected period after their listing expires. If their work brought the eventual buyer to the property, the theory is that they did their job and that they have earned a commission.

Ask the seller to check their listing contact. It should be pretty straight forward.

Let me know if you have any follow-up questions. If not, please remember to click on the ACCEPT link so that I receive credit for working on this matter with you.

Thank you!

Dan

Dan -- Retired JD -- 100% Positive Feedback on 874 Legal Accepts
Retired attorney, general practice, with an additional background in financial planning,
Reply
August 20 6:41 AM (5 hours and 17 minutes and 10 seconds later)
         
Thank you. We did not receive the level of service the real estate company has advertised and promised, and therefore did not feel like they did their job. We really like the house, and would have been happy to pay the price we originally offered contingent on the sale of our own home, but at this point as so disappointed with the fact that this agency would receive a commission for lousy service that we are in a quandary about what to do.
Customer (name blocked for privacy)
Answer
August 20 10:49 AM (4 hours and 7 minutes and 29 seconds later)
         
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Dan -- Retired JD -- 100% Positive Feedback on 874 Legal Accepts
Retired attorney, general practice, with an additional background in financial planning,
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