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#69805 - 10/27/05 07:13 PM blanks in sellers contract
Sebastiangal Offline
Junior Member

Registered: 10/27/05
Posts: 5
Loc: FL
My agent that listed my house ( from a large firm) was new (only her second listing)and left alot of "blanks" in the contract. One of them being the part where I have to wait 90 days (or whatever) to sell my property to an interested buyer that may have seen the house while under contract. It was signed by all parties and a copy stamped by the broker was mailed to me that way. The contract was for 3 months and ends on Nov 15th. My agent NEVER brought one client to see my house, only other brokers from other companies. What if one of the people come back that saw it before want to buy it from me "by Owner"? I had an offer by one of those people but it was too low for me to accept listed with a broker so I countered, but it was too high for him. I am not sure if I want to list it with another broker. The agent has since been taken off my house due to some misconduct with her brokerage firm, and I have other issues with her anyway. Should I call an attorney?

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#69806 - 10/30/05 04:10 PM Re: blanks in sellers contract
Devil's Advocate Offline
Member

Registered: 01/03/05
Posts: 259
Loc: Ontario, Canada
You are referring to what they call a "Hold over Clause" which protects the brokerage firm from sellers who try to get a buyer to submit his offer after the expiry date on the listing agreement and he the seller will split the savings on the commission saved. The aforesaid clause only covers instances, where the property was introduced to the buyer during the listing period and resulting from the efforts of the agent. A real estate For Sale sign that alerted the buyer that the property was for sale is sufficient proof of the agents efforts. In litigation, the buyer is asked under oath,"How did you know the property was For Sale" and the buyer replies "I saw the For sale sign. The seller now has to pay the commission, plus legal fees and disbursements. But, if the seller doesn't mind being sued and can prove that the buyer was obtained "solely" throught the efforts of the seller, then no commission will be payable.

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#69807 - 11/24/05 06:58 PM Re: blanks in sellers contract
Jim Lee Offline
Major Contributor

Registered: 07/01/99
Posts: 4775
Loc: Knoxville, Tennessee, Knox Cou...
Blank spaces in the listing contract are just that, blank spaces. They don't count unless something was written in prior to your signing it.

Your current contract expired at midnight on November 15th.

Call an attorney if you wish but I believe he or she will tell you the same thing.
_________________________
Jim Lee, REALTORŪ, CRS, ABR, e-PRO
www.KnoxvilleHomeCenter.com
www.KnoxvilleTennesseeRealEstateBlog.com
I am not an attorney & I am not giving you any legal advice.

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