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#26757 - 04/21/05 06:05 AM COMMISSION HOLDOVER
Anonymous
Unregistered


What the meaning of the COMMISSION HOLDOVER 180 DAYS after the agreement is expired or terminated and house not sold?

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#26758 - 04/22/05 06:46 AM Re: COMMISSION HOLDOVER
Jim Erickson Offline

Veteran Member

Registered: 03/31/04
Posts: 509
Loc: Twin Cities, MN
I believe that this is referring to a period of time after the contract expires or is cancelled and a transaction occurs which may warrant compensation to the previous broker's agreement. In Minnesota, there is a clause referencing this in both the listing agreement and buyers agreement.

Example: Broker has listing contract with seller. Contract expires and seller decides not to draw up another listing contract. Broker submits a list of names of those parties who contacted broker (or seller)about the property during the contract period.

60 days later seller closes sale of home. Happens that buyer was on list submitted by the previous Broker. Since this all happened within the 180 days from end of contract, the seller would owe the previous broker the compensation.

Note: the 180 day period is the maximum allowed in Minnesota. Most likely all states have maximums.

I am not an attorney and am not givinb legal advice.
_________________________
Twin Cities Real Estate Services

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#26759 - 04/23/05 12:58 PM Re: COMMISSION HOLDOVER
Anonymous
Unregistered


I would consult your local real estate commission to get the definitive answert

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#26760 - 04/27/05 08:30 AM Re: COMMISSION HOLDOVER
AmyInNY Offline
Member

Registered: 04/24/05
Posts: 39
Loc: Rochester, New York
If Canada is like NY---For 180 days after the expiration of your contract, if you are not listed with a different broker, you will be obligated to pay a commission to your listing broker if he/she was the procuring cause of the sale of your property. This is a clause that was added to the listing contract to protect Realtors from unethical sellers. You know, people who use/abuse a Realtor and his or her time, effort, marketing, money, and good faith in a signed, contractual agreement in order to go around that Realtor and sell without him/her. As most adults do not enter willy-nilly into a legal contract to sell what is likely their most expensive asset, this clause is generally moot. If your Realtor is not performing via the terms outlined, you have every right to terminate the contract and/or withdraw and relist with another agent.

[However, if you're looking for the means not to pay a commission to a Realtor who you hired, who has worked on your behalf as outlined in your legal documents, and with whom you have no complaint.... I'd rather not say what I think of your actions based upon your two posts.]
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Hollywood Real Estate

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#26761 - 04/27/05 09:07 AM Re: COMMISSION HOLDOVER
Anonymous
Unregistered


Hi Amy,
I would like to pay commission to my agent if he would sell my house. It on the market for 4 months and after 4th price reduction it
no action, not even showings, he has no problem to cancel the agreement if I am not happy (and I am not), I do not know what my rights. I already moved to another house, he sagest to buy and I like the house, I have mo complain , I only need to sell my house

I do not have nay one ho would like to purchase my house, I just like to try to sell privately, or get anther agent. Can I do it or I have other obligation? The contract is expired on July 7, 2005 plus the hold over 180 days

Let say if will have a buyer in a months from my privet sale can he legally come to me for the commission?
Or I have similar situation if I have a buyer with another listing agent

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#26762 - 04/27/05 10:23 AM Re: COMMISSION HOLDOVER
AmyInNY Offline
Member

Registered: 04/24/05
Posts: 39
Loc: Rochester, New York
Replied via private message
_________________________
Hollywood Real Estate

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