Buying or Selling a Home/Exclusive Right to Sell

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Expert: - 7/8/2010


Question
I am a victim of a scam and I want to make sure I don't get scammed again. I signed and agreement with agent F. It turns out that agent F wasn't the owner or the property manager of the house. Agent M, who claims to be the actual agent, says she has a buyer for the house. When I asked to see the exclusive right, she hesitated then became angry. She finally showed it to me and it said Started June 1, 2009 and ended January 1 2010. She also send a modification to the exclusive right which was signed January 4, 2010, three days after the previous one expired. She wants me out of the house and I know I have rights but i'm not certain what they are. My questions are: What make and exclusive right to sell valid? Can an agent modify an expired exclusive right to sell? Can an agent collect a commission on a property without a signed exclusive right to sell? Do I have to leave the house? This is all taking place in the great state of California.

Answer
KamB, I'm sorry but you have me thoroughly confused.  Exclusive Right to Sell is something a Real Estate agent gets from the Owner of a property.  It has nothing to do with tenancy or who has a right to live in the house.  I don't understand what kind of agreement you signed.  If you don't own the house or have a rental/lease agreement, you have no right to live there.  If you do have a Rental or Lease agreement, you need to get it out look at it to see what the terms are that would cause you to have to vacate the premises and how long you have after receiving Written Notice before you have to Vacate. There are state laws on how much notice they must give you.  I don't know what they are in California. If you don't understand the Rental/Lease Agreement or you think it's fraudulent, you need a Real Estate Attorney, not a Real Estate Agent.
As an aside, Rights to sell frequently get extended, or they may be extended by a clause in the contract called a "Protected Period" that allows the Agent to extend it, if they showed the property to a party before the contract expired, and that party decides to buy it(In the Protected Period)after the contract expired.
Also Yes, an Agent can collect a commission on a property without a signed Exclusive Right to Sell.

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Sharon Huneycutt, Realtor, Associate Broker, GRI, e-PRO

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A lot of people who want to move to the mountains don't really realize what it might involve. For instance, here in North Georgia, if you want a mountain view, you may have to drive up very steep roads. Will you have well water (That's usually good!)? Do you speak septic tanks? Have you considered that if you want really want to get away from it all, you'll do it on a gravel road? What's difference between a Log home and a Log Sided home? How can I tell? Who takes care of the house when you're not there? Where can you stay to check it out? This is a very popular area for second homes and investment properties or when you finally decide to get way from it all, I can find your perfect property. I can answer questions on North Georgia Mountain living, housing, land, amenities, and activities. We handle a lot of foreclosed properties in our office so I have become a Certified REO Specialist. REO means Real Estate Owned and is the industry name for a Foreclosure. It refers to "owned by a bank or other corporate entity". If it involves an area of expertise I don't have, I can probably tell you what kind of an expert you do need.

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We've had property in the Ellijay area for over 10 years. My husband, who is a Civil Engineer and Appraiser, and I built our own log home. We researched log homes and North Georgia for three years before choosing Ellijay. Because of the building experience and being married to an engineer/appraiser, my real estate experience is a bit more extensive than average. I also am an education freak believing that the more you know, the better off you are. My husband and I both like photography, so we drive and hike all over the mountains looking for pictures.

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MHA, CMA, Licensed Realtor, Associate Broker, e-PRO, GRI, Certified REO Specialist. Realtors are required to have 24 hours of continuing education every 4 years. In the last three years, I have 180 hours so far!

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