Legal Question in Real Estate Law in New York
We listed our home with a realtor on 10/31/09 and cancelled the listing on 12/19/09. The listing cancellation states that we are obligated to pay the commission to the realtor if the house is transferred or sold prior to 4/30/10. Are we still obligated to pay the commission if the house is sold to a buyer who saw the home in the period between the cancellation date and 4/30/10?
2 Answers from Attorneys
I really need to see the listing agreement and the cancellation agreement to give a full answer.
However, unless the broker is the one who introduced you to the buyer, I don't believe you have any obligation to the broker.
In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.
You signed a 6 month contract with the Broker to sell your house and then you cancelled it.
You will be liable for the commission if you sell during the period of the contract.
Unless, there is something in the contract that gave you the right to "terminate" the contract for cause/other....but I doubt it.
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