At what point can a listing agent agreement be breached?
410899
Since they're drafted by the real estate agents, they're set up to make it virtually impossible for them to be breached by anything the real estate agent does.  You have to wait out the listing period.
864782
What area are you looking in? Also the norm is that the Sellers pay commission for the 'Selling agent/Buyers agent'. If your agent is aggressive enough he/she will ensure they get paid half of what the'Listing agent' is getting paid... example lets say the Mls says that the selling agent will receive 3% commission on the sale of the home... then if nothing changes and then escrow amends that then the selling agent gets paid that 3%. Which usually means the seller is paying 6% to whomever is the listing agent. Usually the 'selling agent' gets paid at the close of escrow. Let me know if I can help you negotiate if your in the state of California ... If not I can recommend someone professional in your local city! :)
622605
Declare the contract to have been breached, and sell to someone else.
690540
Don't take occupation until it is cleared.  Look at your sale agreement, see if there are any clauses that would force the sellers to clear their refuse.  That would make your case stronger.
993558
You need to read your agreement with your broker, but most likely they will let you out. You shouldn't be fined as long as you don't buy something that you saw through the agent your agreement was with.
886804
I'm sure your Purchase Agreement stipulates that the Seller must be able to present clear title in order for closing to actually occur.\n\nIt doesn't look to me like that is going to happen.  I would guess that the seller owes more money on the house than you are paying, and he can't come up with the cash needed.\n\nFrom experience, if this has been going on for more than a month, you are probably not going to get the house.  \n\nRead your P.A. and see if you have recourse in court, or if you are just entitled to your earnest money deposit back.  But keep in mind, if the seller can't come up with money now, suing him probably wouldn't create more money for him.\n\nTalk to your agent, or an attorney and if your contract allows it, run away.\n\nBTW, you wouldn't happen to be in the metro Detroit area would you?
854896
Realtors are not allowed to discuss specific commission percentage, in a public forum. We can however, discuss the commission with someone who is retaining our service, either listing their home for sale, or if we are acting as a buyers agent. \nI suggest you discuss your needs with a local Realtor.
612043
As long as the contract is legal and binding (for example, the parties involved were of legal age to enter into a contract), then yes, the transaction is done and either party can be sued for non-performance or breach of contract if needed. \n\nThe above is of my opinion based on my experience and knowledge as a California real estate mortgage broker and investor. I suggest you seek legal advice from a lawyer who specializes in real estate law.\n\nRegards...
853961
No and a notice of intent by an individual can, in some jurisdictions, be considered a threat, or even extortion. If you are going to sue you should hire an attorney and the attorney will fie a notice of intent which will some times encourage a settlement without a lawsuit.
312317
The fact that the seller has not been able to obtain the pay off information from their lender does not make it necessary for you to agree to postpone the closing date. This is never a condition of sale. If you are utilizing the services of a real estate professional, he/she should have explained the full contract to you. As a matter of fact, there is a form that your agent should have sent to the seller's agent where the seller removes all contingencies.
729719
Can't speak for Oregon, but in Michigan once you've signed the papers it's a done deal.  If you think the sellers took advantage of you, talk to a lawyer (many lawyers advertise in the Yellow Pages and give free initial consultations).  There may be a chance to get out of the sale, but the lawyer would have to review your closing paperwork, the inspection/appraisal, etc., and would have to show a material omission or misrepresentation on the part of the seller, and that can be tough to prove.
202711
Did you sign the contract/agreement or it was verbal commitment? Do they have fine print somewhere in this agreement?\nDo you have irrevocalbe protection wording/statement in the text?
329858
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.
139200
Not if your buyer will accept w/out.
691569
Yes, you can but as everyone mentioned there are rules. Its called bid retraction.\n\nFTY: before entering a legally binding agreement you might want to read the rules so you don't get yourself into trouble. :) friendly suggestion only.
372044
if i were you i would check with a lawyer before anything else happens. i do not believe the realtor has the right to change anything without the sellers permission unless there was something in the contract that you signed with the realtor. read that 1st and contact a lawyer next if you feel that this was not a legal doing by your realtor. by no means would i let a closing on the property happen without finding out for sure if this was legit
57231
Today's realtor never cease to amaze me what they see as OK.  If the realtor is the agent for the selling party, how do you think the seller would feel if they found out, especially if the realtor is kicking back something else to the buyer in the first sale or the second sale.\n\nFIRST EDIT: I'm not saying that from the buyer's perspective it isn't a good strategy, but raises some ethical questions for me.\n\nSECOND EDIT: Do you have a realtor?  If not, they should be lowering their fees on the first sale for god's sake.  If they aren't doing that, you don't want them selling your house.