Legal Question in Real Estate Law in California

If a Broker continues to perform its duties to sell a property even after the listing has expired, but with the Sellers knowledge and consent, is the listing deemed to be in force and is the Broker entitled to the commission specified in the listing agreement?


Asked on 6/04/15, 5:50 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

First, I would examine the expired listing agreement carefully, to see whether this or similar situations are addressed in its specific language.

Also, there are some cases in California which hold that a broker is entitled to his/her commission if he/she was the "primary procuring cause" of finding the buyer.

All in all, I think it would be necessary for a lawyer to review both the contract itself and all the circumstances of the transaction before deciding whether a commission were earned or not, but the possibility that one was earned certainly exists, despite the expiration of the contract.

Read more
Answered on 6/04/15, 6:37 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California