Legal Question in Real Estate Law in Tennessee

Legal way out of Real Estate contract

We are wanting to buy a home. The home is owned by two elderly people. They listed with a local agent. However, upon talking to the couple, certain time constraints were revealed by both parties, amounting to about one year. The seller would now like to sell privately to us drawing up a legal contract just between the buyer and seller. How can they legally rescend from their contract with the agent? What if any are the lingering effects of having a contract and waiting it out....someone told me that even after the expiration, for two months the agent could claim commission. One point, the listing agent did not show us the house...another realtor with a different company showed it.


Asked on 8/31/98, 8:13 pm

1 Answer from Attorneys
David Ray Ray and James

Re: Legal way out of Real Estate contract

Your situation is not unusual. However, as I do not have a copy of your contract to review, I must answer in a general fashion. Most listing contracts contain language which protects the agent from being cut out of the process. Often these clauses permit the agent to recover as much as 90 days or more after the expiration of the contract if certain conditions are met, such as the house is subsequently purchased by someone who found the house or viewed the house originally as a result of the agent's work. You will have to read your contract carefully to determine the conditions under which the agent may be able to collect a fee even after the contract has expired. If you would like to set up an appointment to discuss this matter in greater detail, please contact me by calling (901) 681-9845.

David Ray

Ray and James

5101 Wheelis Drive Suite 100


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Answered on 12/28/98, 4:18 pm


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