Legal Question in Real Estate Law in California

does the listing contract date trump the date on an escrow?


Asked on 3/26/10, 10:18 pm

4 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

You need to explain what you mean. The two are different matters.

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Answered on 3/31/10, 11:46 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'm sorry to have to answer a question with a question - which is, "For what purpose?" The date on a listing contract (or dates, as there may be several) would show when a seller agreed to list a property with a particular agent or broker, the desired price, the commission, etc., whereas a date or dates on an escrow would relate to when a buyer and seller agreed (upon a sale, for example) to open an escrow, when it actually opened, and perhaps when it was to close, etc.

These are such distantly-related concepts that in most instances they will have no real effect on one another. For example, a delay in closing escrow is unlikely to affect a broker's right to be paid the commission.

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Answered on 4/01/10, 7:49 am

Like Mr. Whipple and Mr. Shers, I find your question impossible to understand clearly. I have one guess, however, as to what you mean. My guess is you are wondering what happens if the listing agreement term ends before close of escrow date. The answer is that the escrow close date is irrelevant to the listing agreement. The agent has conditionally fulfilled the listing agreement once you go into contract with the buyer, so it makes no difference when escrow closes. Only if the contract is cancelled and "falls out of escrow" as they say, does the expiration date of the listing agreement become relevant again.

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Answered on 4/01/10, 10:13 am
Terry A. Nelson Nelson & Lawless

"Trump"? No. The escrow is a new contract that replaces the listing terms and the Sales Contract terms. Your RE agent should be educating you.

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Answered on 4/01/10, 4:35 pm


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