Legal Question in Real Estate Law in California
Real Estate Listing Agent Commision
I was recently shown a property that I would like to offer a bid on. The asking price includes the listing agent's commission. After the listing contract expires 11/23/99, can I deal directly with the owner/seller without having to involve an agent and avoid the cost of commission? The listing agent told the seller that if anyone who viewed the property while it was listed would have to pay a commission even if the home were purchased after the listing contract's expiration? Help!
1 Answer from Attorneys
Re: Real Estate Listing Agent Commision
The seller of the property has a contract with the
real estate broker that obligates the seller to pay
a commission to the broker if the property is sold
to anyone the broker helped bring to the table. You
have no obligation to pay the commission under any
circumstances, although, obviously, the seller's
obligtion to pay the commission reduces the seller's
net revenues from the transaction and, thus, increases
the asking price. Anyway, since you came into the
picture during the listing period, the seller would
have to pay a commission on any sale to you, and, thus,
your price will be affected by the seller's obligation
to pay the commission.
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