Legal Question in Real Estate Law in Virginia

Contract of sale includes phrase requiring listing with broker or paying fee

In the contract of sale for land, there is a clause that says to the new buyer, that after the closing and they become the new owners of the property; should you decide to sell or rent the home or property either by yourself or with another broker, we would owe a commission to the broker that had originally listed it and/or must give them a listing for a period of 180 days.

How is it possible that in the USA, a phrase like that is enforceable?

How can a broker demand in writing that when you close on your property and the deed is in your own safety deposit box that you are forced to list with them or you will owe them a 6% commission?

Feels like black-mail, or fraud or geastapo, or maffia or strong arm, or like I may have slipped into the twilight zone..

I can not believe that a broker has the right or is ALLOWED to force you to list with them or to just demand large sums of money that aren't earned by them..

please advise..

thanks..

Dawn


Asked on 10/14/04, 4:19 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Contract of sale includes phrase requiring listing with broker or paying fee

The provision which you've described in the contract of sale for the property is probably not enforceable but the question still lingers as to why you didn't have it excised (or at least scratched through) from the sale contract before you signed it?

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Answered on 10/16/04, 11:16 am


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