Legal Question in Real Estate Law in Michigan
real estate sell contract
I signed a contract with a broker to sell my house. Things arent selling, so I'd like to pull the listiing and rent it to a friend for a year or so.
The contract says if 'anyone produces a buyer willing and able to purchase....lease...the property'' I am obligated to pay them their 6% commision on the listing price.
That seems like robbery if they're not even selling the house.
Before I contact the realtor to discuss, I'd like an opinion on my legal rights.
Thanks
1 Answer from Attorneys
Re: real estate sell contract
The terms of the contract likely state that the commission is contingent upon the sale of the property versus the lease of the property. If you speak to your listing agent / broker, let them know that you want to pull the listing. Most respectful realtors will allow you to rescind the contract without a problem. If they disagree, let me know and we can talk about how the contract was entered in the first place. Often, sellers will state they want a listing for a few months and they will end up with a listing for 6 months to a year. Under certain conditions, the listing agent and broker will have a hard time forcing you to continue with them and this will depend upon the terms, conditions, and circumstances of the listing.
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