Legal Question in Real Estate Law in New Jersey
I have signed a listing agreement to sell my home in NJ. I have received an offer over my asking price with out any contingency. Can I refuse and not be liable for the commission to the agency I signed with?
1 Answer from Attorneys
Since the listing agreement is a written contract, it is not possible to give you a definitive answer without having read that contract. However, if the agreement follows the usual form, then the agent's commission is earned when he or she finds a buyer who is ready, willing, and able to purchase the property under the terms of the offer. If you decline such an offer or refuse to complete a contract of sale with such a buyer, the commission is earned and the agent may collect it from you even if you never sell to another buyer. So, if you have a legitimate business reason for not wanting to deal with a particular buyer, I would recommend discussing that with the agent to see if you can reach an accommodation. If you do, make sure that that contract modification is memorialized by a writing. If he gets any more complicated than that, you should probably get your lawyer involved.``
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