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Thread: Commission due

  1. #1
    Junior Member
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    Question Commission due

    Is an agent legally entitiled to full commission if a listing contract is cancelled by the seller? The agent has advertised and held multiple open homes to try and sell the property there is still 2 months left on the signed contract. Also, seller has re listed house with different brokerage for a reduced price, without a release of contract from the original listing brokerage. The new lisitng is price is significantly less than what the seller would allow the original agent to list at, and at a greater commission to entice more agents to show house.

  2. #2
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    Default hmmm

    Quote Originally Posted by richkiwi
    Is an agent legally entitiled to full commission if a listing contract is cancelled by the seller? The agent has advertised and held multiple open homes to try and sell the property there is still 2 months left on the signed contract. Also, seller has re listed house with different brokerage for a reduced price, without a release of contract from the original listing brokerage. The new lisitng is price is significantly less than what the seller would allow the original agent to list at, and at a greater commission to entice more agents to show house.
    This may be a breach of contract on thier side, if you still had rights to be thier only agent for 2 more months. If you could not sell the home, then I could see them finding another agent when the contract is over, but not before. Someone will be on here eventually to let you know if they could legally do this, sorry I can not answer for sure! What does the contract say? Does it say that they can not hire another agent while this contract is valid?

  3. #3
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    Default Commission due

    The original agents lisitng is an exclusive right to sell, on a standard California Association of Realtors listing form.

    Thanks

  4. #4
    Senior Member
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    Default well then

    Quote Originally Posted by richkiwi
    The original agents lisitng is an exclusive right to sell, on a standard California Association of Realtors listing form.

    Thanks
    If it is exclusive until the contract expires, then not even knowing the laws here, I would say that they have breached the contract with you and I would contact a lawyer about suing for the possible commission that you are now not going to get. I would also wonder if the new realtors that they are going through are not aware of the current contract? I would take it to them and show them, I would think that ethically, they would withdraw thier contract with the owners, I would also think that they would not want that to happen to them if they didn't sell thier home fast enough.
    Last edited by turbowray; 08-13-2006 at 03:45 PM.

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