Expert: Jessica Bryan - 9/12/2010

Question
Hi- I had my condo listed thru a realtor a year ago.  I had the listing for 6 mos and had no offers.  I did not relist. A couple of times since then my realtor has called and asked to show my place to someone she feels might want my particular style/location,which I have let her do.  I am still interested in selling,was putting it off due to personal issues at the moment. I had considered trying to sell it myself at some future point.
   If someone my ex-realtor brings in makes an offer,what would my legal/ethical responsibility to her be as far as the commission percent?  
   Thank you very much,
Diane

Answer
Hello Diane;
The answer to your question depends upon your listing agreement.  Most listing agreements state that any potential buyers are considered the direct or indirect result of the efforts of the listing broker and therefore, even if the listing has expired there is a certain period of time the the listing broker is protected and will still receive a commission.  If, however, that time period expires and the buyers come back and make an offer, there is no commission owed to the agent.  The time period can vary depending upon a mutual agreement with the broker and the sellers.  (It usually doesn't exceed three months.)  If the agent showed your home after the expiration of the listing, it is assumed that they had a one-time showing agreement with you that would also specify the conditions (above).  If not, then there is no agreement and you are free to make your own deal with any offer.  It would only be out of the understanding that contacting the agent and asking for assistance during the course of the sale and closing that the agent would be owed anything and then, of course it would be a negotiated amount that was mutually agreed upon.  Certainly you could offer anything from a consultation fee all the way to the full commission amount.

Best wishes,
Jessica Bryan