Legal Question in Real Estate Law in Florida

I am a realtor. My Seller canceled a listing agreement back in February 9, 2016. He stated that he did not want to sell any more. I released the seller. They signed an Modification to Listing Agreement. They were charged $495.00. The Modification includes a clause of 180 days after termination preventing the transfer of the property and making seller responsible for the full commission if is transferred on or before 180 days. I established today seller listed the property for sale on June 20, 2016. Signed a contract on August 9, 2016 and closed on September 19, 2016. Are we owed the commission.


Asked on 3/10/18, 4:36 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

If you contract says "transfer" for the triggering event, as opposed to "contract," then the transfer is outside of the 180 day window and no commission is owed.

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Answered on 3/10/18, 6:42 pm


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