Expert: Dick Dennis - 11/5/2009

Question
QUESTION: We signed a 6 month listing w/a real estate agent.  That agreement expired over a year ago.  The agent has continued to represent us %26 show our home.  We now have an offer from a buyer the real estate agent spent little time with.  The first showing, the agent let the prospective buyer in %26 asked them to hurry because she (the agent) had to go.  The second time she showed the house, she let the prospective buyer in %26 then left.  My sister spent 1.5 hours in the house w/the prospective buyer.

We now have an offer from the prospective buyer.  The agent has been out of state having surgery %26 has not been involved in negotiations.  We do not want to exclude the real estate agent from a commission but we feel she does not deserve 6%.  Are we within our rights to offer a lower commission?

ANSWER: You left some holes in your story, Bob. Number one, on your listing with the original agent there is a clause that says upon the expiration of the listing, any prospective buyer that was shown the property -- AND THE AGENT NOTIFIED YOU IN WRITING OF THAT PROSPECTIVE BUYER -- then that agent is entitled to the commission -- providing the agent notified you in writing within the period AFTER the expiration of the listing as stipulated.

Number two, what does your sister have to do with this?

Number three, four times you typed "%26." I have no idea what is meant by that. If you will answer these questions I might be able to help you further. I do wish you well.

Dick Dennis
dixiedee13@aol.com

---------- FOLLOW-UP ----------

QUESTION: Not sure where the %26 came from...

Ignore the part about my sister.

We have never received anything from the agent in writing after the first agreement expired.  Will we be able to pay a reduced commission?

Answer
Yes, most agents do not give the seller a notice of the potential buyers that were shown the property. However,it's up to you, Bob, whether you want to pay a commission to that original agent. According to your information, you are not obligated to do so. It would be nice of you to do that. You may pay her any amount you deem fair since you apparently had no binding listing in affect at the time you obtained a buyer for your house. I do wish you well.

Dick Dennis