I had a listing contract for my house expired on Nov 2. The agent brought me an offer on Nov 1st. We still don't have a ratified contract with the buyer. The listing agent has not asked for an extention of the listing contract. The buyer has contacted me about buying the house FSBO. What should I do?

If the buyer was brought on Nov 1 you still have to pay the agent as it was before the contract expired no matter when it goes into contract, and if you go behind his back the buyer may be trying to get a lower price. Yes in the end you may get the same money ( or not the buyer may even try to get more off the price), but you will have lawsuit.

If you read your listing agreement, you will probably find that any sale that results from their marketing will result in a owed commission for a set time... often this is 3 to 6 months in the listing agreement... often a release is made if re listed with another company in the same MLS.

Most brokerages will pursue legal action to collect in similar circumstances... as they should.

I agree with the previous posts but would like to add to it. FSBO is a term for unrepresented sellers. Buying and selling real estate is often the biggest investment a person makes in their lifetime. Do you want to be unrepresented in a case like this? Plus that is just wrong to do to the agent. We work hard to earn that "big commission" We invest our time, money and energy into selling your home. It would not be good business to go around your agent and FSBO. Even if it costs an agent money they might sue for the commission just for principal. Also a buyer that is willing to approach a seller like that is usually less than kosher. As for why an agent wouldnt do an extension on a listing that they have an offer on I do not know.