Legal Question in Real Estate Law in California
In California, what constitutes as introducing a property to a client? What if the buyer has received the property listing before the agent emails the listing to buyer?
Currently, I have entered an Exclusive Buyer Agreement with my buyer. It has ended as of May 1, 2010 but under the fine prints in Item 3, B, 3,
X "120 calendar days after expiration of this Agreement or any extension thereof, Broker gives Buyer a written notice of those properties which Broker introduced to Buyer, or for which Broker acted on Buyer�s behalf."
I have received an email from an internet real estate listing service before receiving one from my agent. My agent has never talked to me about this property nor has he shown me the property. Now that my official agreement with him has ended, I just want to know if this fine print means I will have to pay him 3% commission if I decide to purchase the property. Also, I'd like to know what it means by "written notice" that Broker provides to buyer after within the 120 days after the buyer agreement ends.
Thank you!
3 Answers from Attorneys
"Introducing a property to a client" has no formal legal meaning. What is determinative is the agreement. Unfortunately the fragment of the agreement you provide is meaningless without more of the agreement.
If your real estate agent/broker reasonably believes he has grounds to sue you for commission, he will. No opinion from here is of any value to you. If you are seriously worried, feel free to contact me for consultation and discussion of ALL the facts, issues, and contract language.
Your post is a little fishy. Why would a prospective seller e-mail you a listing when you were in an exclusive buyer agreement with a broker? Buyers are liable for a broker's commission to the extent they expressly agree to the same. Normally, this occurs pursuant to contract when the buyer employs the broker to locate specified property and negotiate for its purchase on the buyer's terms. This is what you have signed a written agreement for. The buyer's broker earns its commission upon the buyer's entry into a binding contract for purchase, regardless of whether the sale is consummated. I find it hard to believe that you entered into a contract with a broker to find you property, he e-mailed you a listing, but you just happened to get e-mailed the listing separately. I think the broker got you the listing, and you are trying to stiff the broker.
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