Legal Question in Real Estate Law in Maryland

if i have a buyer's agency agreement with my client, but he went to an open house and signed the contract without me.(he told the seller that he does not have an agent) Can I ask for the commission?


Asked on 4/22/10, 4:45 pm

1 Answer from Attorneys

Sean T. Morris Law Office of Sean T. Morris

The answer likely depends on the language of your buyer's agency agreement, i.e. whether it was exclusive, non-exclusive, etc. Many buyer's agency agreements require the buyer to contact their agent when they find a house they are interested in, rather than directly interacting with a listing agent. If your agreement contained such a provision, you may be entitled to this commission. You should take a close look at the agreement (or have a lawyer do so) to determine your rights under the agreement. If the property has not closed yet, you may also want to consider contacting the listing agent and letting her know that you actually represent the buyer.

A commission on the sale of a home is not a small sum of money, as you very well know. Spending a little bit on a lawyer to make sure you know your rights here (and to make sure your future agreements protect your rights going forward) would probably be a good investment. Feel free to contact me at [email protected] if you would like to discuss further.

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Answered on 4/28/10, 6:22 am


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