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Additional Details
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moonstruckshadow | Can you break a real estate sales contract if you decided to sell by owner? |
We have had our house listed with a real estate agent who has had little contact with us in the past 4 months. We have been approached by a private buyer - can we legally break our sales contract? |
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Jo Blo
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sure, but you would still pay the agent his commission,, wait until the contract expires
some contracts say that even if the time has expired, the agent is entitled to fee for so many months, read your contract |
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open4one
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Probably not. The listing agent gets paid for any buyer that approaches you during the listing period. Odds are good that they knew the house was for sale by the sign in the yard, so you know you owe them the money. |
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teran_realtor
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So, your Realtor has a sign in the yard. A snake in the grass sees the sign and says to you that he'll buy the house if you're willing to cheat your Realtor (who's sign led to getting a buyer) out of his earned commission.
How honestly do you think this buyer is going to treat you?
BTW - If he does cheat you out of your house after you've cheated your Realtor out of his earned commission, you deserve it. |
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Ron
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If your contract is 6 months, then it might be difficult, but I would talk to the agent, and tell him you have decided to take it off the market, or tell him you want to end the contract. Seeing he has not represented you like he is supposed to, that could be a breach of contract, therefore, the contract is null and void. You might need a lawyer, to get out of this. In the meantime, tell the private buyer you are interested in selling to him, or her, then all you have to do is get a real estate attorney, he will draw up the paperwork, and then enter it into escrow, and soon, the house will close, and it is that easy. I did that when I bought my first house, and the seller and I used a lawyer, instead of a Realtor, and by doing this, it saves a lot of money, for the seller. It is the best way to go, as long as you have a good real estate attorney, then you will be protected, and not sued. Also, you can sell your house, AS IS, and you will not have to deal with any repairs. |
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Jimmy
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Your listing has a start time and a ending or expiration, there may be a protection clause that the agent will notify you that he was working with a buyer?
Its always best to read the contract and ask a broker or real Estate Attorney your options.
Good Luck |
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bobbalou27
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No. Check your contract it should say if the house isn't sold in x amount of days, weeks or months then the contract is done. Check the contract you can get out legally. Don't mess it up Realtors feed their families on commission so it is a big deal. |
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naplesagent
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You should send the private buyer to your agent. You never know when you are about to be had by someone. You should have contacted your agent after not hearing from them in 30 days..... You must pay a commission under contract. Read your contract and/or ask your agent if you can look for your own buyer and pay a reduced commission. |
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regenetech123
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yes but still pay commission |
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kansas_girl_28
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Yes, you can break your contract. You do not have to wait for it to run out, you have a right to terminate it whenever you want. However, you will still have to pay the agent's commission if you break the contract. Also, you may want to find another agent to handle the paperwork with the private buyer, or else a real estate lawyer. The paperwork can be rather complex if you're not familiar with all the laws. |
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starrd616
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Most real estate listing contracts have a clause in them which states how you would terminate an agreement (most agents will let you out of the contract quickly) and how long after you are out of the agreement before you will not have to compensate the agent. However, you may want to consider allowing your agent to help you with your contract. In this "lawsuit happy" world, it is important that you make sure you protect your assets. That is what the agents job really is -- to make sure you have a clear contract and don't violate laws. Can you do this yourself, possibly -- do you know what information you must disclose to a buyers? Who will hold the good faith money (there is no contract without the exchange of a deposit). What happens if the buyer cannot obtain financing for the home after you have your house off of the market for a month. What about home inspections, title searches, and lead-based paint.
If you are willing to learn about this (or get can find and follow a good book on selling your house), then save your 6%. I hope the person is offering you full price with no contingencies.
BTW, I am NOT a real estate agent, but I work in an office with many of them and hear the stories of deals gone bad due to unethical buyers (and sellers, too). |
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1nvestor
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(1) yes you can break the contract and (2) yes you can do it without paying the realtor and (3) yes you can do it in good faith without being a "cheater". Almost all real estate contracts state that the agent must be the "procuring cause" of the buyer. If the buyer is a relative who you told, and the agent had no involvement in procuring that buyer, you would be safe. The agent is free to bring a lawsuit against you, but a good attorney will point out the language of the contract and show that the agent did nothing to "procure" the buyer in question. If the buyer indicates they saw the sign in the yard, that is a completely different matter and that would create an obligation to pay the realtor fee... |
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