If I sold a house while under a listing agreement, yet fired the agent can they still collect the commission?\n\nAnd what if I can prove they failed to perform while under contract?
128699
If the contract allows you to fire the agent/brokerage and you can prove you did so before the sale of the property, you shouldn't be responsible for the commision.  If the contract outlines what the brokerage/agent will do and you can prove they didn't keep their end of the bargain you may be entitled to be released from the listing contract.  Pursue arbitration with the local Board of Realtors.
102538
You need a good attorney, it sounds like you have a doozy of a lawsuit.  Plus, the realtor's license can be pulled.\n\nWhen an individual sells a house, they must list all known defects.  If the seller knows the house has problems and they do not tell the buyer about the problems, then they can be sued.
667699
If I'm correct, until all contingencies have been taken care of, they can and should entertain other offers.  If your financing falls through, or you find another home you like better, the inspections don't come out like you want, etc.  There are a hundred different reasons why YOU would back out, so he's covering his behind.  It's not unusual at all. \n\nIf all of your things are in order, I wouldn't worry about it  :)\n\nGood luck  :)
140278
Not unless something was discussed by you and the realtor that was legally private.  Most states there's nothing private under the law.  Now if your contract stated privacy was to be maintained then you could sue for breach of contract.  Also did the other realtor work for/with him?  If so there'd be no action since that person would be just as entitled to the information as if they were the "main" relator.
339309
I'm not an expert,but the buyers had the option to have an expert appraisal done on the home before the final sale, I'd say they are out of luck, don't go spending your hard earned money on a lawyer, ask your R.E. agent, he/she should be able to answer that question, or better still ask your Bank Mtg Mgr they see all kinds of stuff.
360464
It could depend upon whether there are any unsatisfied or unremoved contingencies. If not, so-called equitable title passed to the buyer upon signing a contract of sale and removal of the last contingency, if any. \n\nAlthough legal title doesn't pass until closing, in a sense you have already parted with ownership, and the buyer can compel you to complete the deal, if so inclined, through a lawsuit for specific performance.\n\nDo some fast negotiating and see if you can get out of the sale deal.
102157
Don't introduce the buyer to your real estate agent.  Read the contract you signed with your real estate agent and see when you can cancel it.  After the contract expires you may be able to sell the house without a commission.  It depends on what the contract says.  Read it carefully.
586668
Good luck selling without a realtor. 99% of people just aren't comfortable without one. Too many things to miss or overlook. If you've tried to sell one using a realtor already, and had no luck, something is wrong with the house other than the price. Did you have a lot of shows? Did anyone make an offer at all?
508047
Unfortunately, you chose a house too small for your needs.Your mis-judgement is not a reason to void a contract. If it could be cancelled for any little reason the there would be no reason for the earnest money in the first place. The amount you put down is an indication of what you are willing to risk if the deal falls apart.\nIf you could not get financing or if the buuilding failed inspection then you could get a refund. \nWhere is your Buyer Agent in all this?
485258
To think in a positive way.When listings is listed Sold means they had sold it,maybe some buyers are looking at that area,may need more information.As a buyer point of view they wish to know how much the property is sold at,buyers will call the said agent for more info,in this case this agent will try to get the buyer another property that is similar to the one that is sold.Or perhaps Owners that lives in the neighborhood may have ideas to sell their own property may also call this agent to help them sell their property.Isn't it a good way to get listing and buyers too!!!!\nAs for Under Offer is to let buyers to know that this said property  is under negotiating and let others buyers know thats the last chance to make and offer if they are interested in the property.For eg.Certain buyers may love the property but refuse to pay the price which the owner wants(they want best buy).they tried to play hard,but this "under offer" may let them know thats their last chance to make another offer.\nHighlight to you,NOT ALL Estate Agents are well verse in their Trades,this is also a form of Advertisement for themselves.Would you list with an agent which is new in the market that hasnt much exp in selling house,or you would rather list with agent that has sold tons of houses.Of course you will list with the exp ones,cause they can get you a better price.
178883
It depends...if the agent is working for the seller and thinks price may be affected, agent may not be required to, but is urged to. Oh, read the second article! They cite specific court cases in Ohio.
382498
Wow, I'd hate to be the agent representing the sellers. Our opinions: Tell your lender the story and watch what happens. Don't ask the lender to do anything but tell them to act in their best interest.\nDid you get a seller's property condition disclosure prior to the inspection? Was the inspector provided with such a disclosure?\nIn any event you really do need to do some detailed research on what can and can not be done not just according to the feds but according to your state laws. Here are some links to get you started:\nLAWS: http://www.libraries.psu.edu/socialsciences/legal/st_stat.htm\nState’s Laws passed in 2004:   http://www.legis.state.pa.us/WU01/LI/LI/CL/ACT/20040.HTM \nState bar Association: http://www.pabar.org/  \nYou should go to our educational research page and research what the feds and other government agencies say about all that.\nhttp://www.realestateformnm.com/ResearchLink.html \nBuena Suerte
557612
The buyer's mortgage company engaged the appraiser; so, the contract for the appraisal does not include you or the buyer. The appraiser has no duty to either you or the buyer. You will not be able to successfully sue the appraiser. \n\nSeriously consider the following. I hope to save you the cost of a lawyer. If the house appraised for the purchase price, what kind of damages might you expect from the appraiser? \n\nAlthough county records show your house has 3133 sf, it is subject to several possible errors. Unless the county appraiser actually put a measuring tape on your house, the county records may be wrong. The county appraiser may have relied on other public records, such as a building permit. The county appraiser may not have actually measured the building either. \n\nWhen and if the sale of your home is in question, you need to actually determine the size of your home. You should do this through an independent, professional, such as an architect or engineer.\n\nIf the buyers made the sale contingent on the appraisal, the buyers can probably void the sale because the appraisal indicates the building is less than 3133 sf. They may void the sale on this contingency, not because the house is smaller, but because they realize the market has dropped off significantly in one month. (I doubt the market in your area has changed so dramatically, but it is possible.)\n\nIf the buyers retained the right to void based on the appraisal, then you are not entitled to the buyers' deposit. Why would you want to injure the buyers when it was the appraisal that resulted in the loss of the sale? Don't. It's immoral.\n\nIf you can show that the appraiser's 2864 is wrong, and can show that you requested the appraiser to amend the report, but were refused, you may be able to report the appraiser to your state's Appraiser Board. You can find a list of appraiser boards on the Appraisal Subcommittee's web site (below). Please make sure that you have some proof the appraiser is wrong and the appraiser has refused to correct the error before you file an ethics complaint. Not only is it wrong to do so, you may be setting yourself up for a lawsuit.\n\nI hope you sell your house. It sounds like you are very worried.
415773
I work for a real estate agent. Situation like this doesn't happen very offen. I'm surprised that happened to you. I doubt it will happen agin!
468283
No.\n\nUS law dictates that any sale of goods or services over $500 has to be in writing.  If I remember my real estate law class from university correctly, it's called the UCC (Uniform Commercial Code). Verbal contracts are non-binding in this case.  \n\nThe written contract takes precident.  And here, most real estate sales contracts are worded so that they can back out anytime they want to.  \n\nI learned this the hard way where the same thing happened to me, where a seller backed out on a verbal contract after promising to sell a house to us.  My wife and I quit our apartment in the Bay Area and were effectively homeless unless we could find a new house.  We ended up tracking them down, begging them to reconsider.  Contacted a lawyers, but as you already know - didn't have a leg to stand on. \n\nIt all worked out in the end.  I didn't go homeless. If you believe in Karma, then what comes around goes around.  Don't get pissed, just know that bad things eventually happen to people who don't live an honest life.
42738
All offers must be submitted.  Depending on the specific circumstances, the agent to whom you spoke likely violated state licensing law and NAR Ethics.  You may want to speak to your state department of licensing.
672711
If the contract is contingent on selling their current home, they can legally get out of the buying side of the contract (and keep their earnest money) if it does not sell.\n\nBecause their current home is under contract, get your agent to file a unilateral extension that keeps them under contract to the closing date (providing your state's laws allow this as mine does).  \n\nUltimately, it's up to the broker holding the earnest money to decide what happens to it should they back out.  Consult your agent's broker about the situation...you did sign the contract with the contingency, so don't get angry if the broker has a different opinion than you...