Legal Question in Real Estate Law in New Jersey
seller contract
If I sign an agreement with a real estate agency and they have a buyer for my house who agrees on the asking price do I have to sell?
3 Answers from Attorneys
Re: seller contract
While you do not have to sell, you had better have a good argument to avoid the claim of the realtor who probably may sue under your listing agreement. I have not read the listing agreement so I cannot reply to the possible realtor claim issue. If the realtor met the terms of the agreement and you arbitrarily refuse to go to contract, you have an exposure. You provide no reasons why you decided not to sell to a presumably bona fide buyer?
Re: seller contract
No. but why would you NOT take an offer to pay the full amount you were asking for? do you think the house should be listed for more? you need to talk this over with the realtor.
the realtor will claim that you must sell; that is not true. however, the realtor will say that the realtor has now earned the commission. that may be a fight.
Call me if you want to talk to a lawyer.
Re: seller contract
You do not have to sell unless you have signed a contract with a buyer. However, your listing agreement with the realtor probably says that the realtor's obligation is to find a qualified buyer who is ready, willing, and able to buy. So, unless you have a very good reason not to sell to a particular buyer, the realtor will probably claim that the commission has been earned. They have a very high success rate when they sue over commissions on that basis.
See also: http://info.corbettlaw.net/lawguru.htm