Expired Listing Agreement

Posted by Robin Hensley

Just because your offer has expired doesn`t mean your obligations to your client are over. One of the key aspects of a fiduciary relationship is confidentiality. What your client is telling you is that no one is told. In accordance with the code of ethics of the National Association of RealTors, your duty of confidentiality survives the progress of your list. This is also the case with certain state laws that govern real estate relations. When an offer reaches its expiry date, sellers have the option to stay with their current agent and re-build or go with a new agency without imposing penalties for a change in representation. The specific details of a safeguard clause – including the length of time – vary from contract to contract. Some could be others 3 days, up to a year after the list has expired! It is not uncommon for a property to enter into a contract before the expiry of the list contract, with a closing date expected after the expiry of the list contract. The listing agreement of the sellers of the real estate commission essentially provides that the listing agreement for the conclusion of this transaction will be extended. Section 7.2.1 of the current listing form provides that the stockbroker receives a commission for “any sale of the property during the listing period.” The term “sale” is a term defined in the context of the listing agreement. Section 3.5.1 defines the concept of sale as “the voluntary transfer or exchange of any participation in the property or the voluntary creation of the obligation to transfer a shareholding in the property, including a contract or lease.” [Added author.] Therefore, if the property is under contract before the listing is completed, the listing broker has earned a commission.

However, the commission is payable only at the conclusion of the agreement or until it is defeated by the seller in accordance with point 7.3. For many real estate agents, selling real estate listings is the main part of their work. While agents hope they sell an offer and receive a commission, it doesn`t always happen. If you are in this situation, your work is far from over. Even after your offer is over, you`ll have extra tasks. We have already mentioned that many real estate listings have a security or safeguard clause. That`s the key to determining the next step. This safeguard clause will determine whether your real estate agent will still receive a commission on the sale of your property after your contract expires. Adjust your price accordingly and follow your agent`s suggestions, even if it means repairs or improvements you prefer not to make.

If your agent spends money on your offer through advertising, aggressive marketing and networking of that entry, this agent deserves your loyalty.