Expert: Jessica Bryan - 9/6/2009

Question
My contract with a real estate agent to sell a personal residense in Texas just ended.  How long must I wait before I enter into a conract with another agent?

Answer
Dear Jim;
Every state has slightly different laws but I don't know of anyone who says anything about having to wait before entering into a new contract once an old one with another agent has expired.  Unless your listing contract says otherwise (and you should look it over carefully) you are free to list your home with someone else right away.  The only exception to this is if you don't list your home and sell it on your own.  Then there are time periods where you will still owe your listing agent money even after the expiration of the contract.  The thought is that the agent may have contributed to the sale in some way either by advertising or through marketing of the property that 'flushed' out the buyers and attracted them to your home.  Usually it is reasonable to assume that the buyers might have seen something about your home while it was listed and may have waited a little while before seeing it or making an offer. However, it was the listing agent's efforts that drew them to the home.  

Conversely, if the home has not sold and you want to list with someone else you should not be penalized by having to wait. If you were to list with someone else and the home sold right away it could easily be due to the previous agent's efforts or could be due to the new agent's marketing and advertising.  There is no real way to tell sometimes.  However, the first agent's loss is the second agent's gain.  It often happens that way and we all have experienced this both ways either by losing a listing and it selling right away after it has been re-listed or being the new listing agent who gets the sale.  

I wish you lots of luck and a speedy sale!

Regards,
Jessica Bryan