Expert: Karyn Foley - 1/10/2007

Question
We listed our home with an agent.  He has not showed the house once.  He did call to set one up and then postponed it, so has not yet.
I had our home for sale on an international web site.  All done by ourselves.  We have sold the home on that web site.  How much commission is the agent entitled to?

Answer
Dear Mary:  Sometimes a listing agent has customers for homes that he/she has listed, and sometimes no customers for that particular home at a particular point in time.  The agent also depends on other agents who have their own clients. If no other agent called your agent to arrange a showing, that is saying something negative about the market, the home, the time of year, et cetera, not about your agent.  I do not wish to get involved with other things your agent may have done or not done to market your property, as that is not part of your question.  You wish to know about the commission owed and that is answered by the terms of your contract.  It should state directly what the fee is to the agent/agent's office and under what, if any, circumstances.  Unless it has a specific clause agreed to by agent/agent's offce and yourself that excludes commission due under a circumstance that is related to you selling the home on a web site, then chances are you owe the commission that was signed up for when you listed your house.  I suggest you immediately contact your agent, and let the sale be known.  You may be doing work on the transaction for which the agent will be held accountable.  Also, there are disclosures and documents necessary to complete the transaction, inspections and so forth that comprises the entire transaction.  Finding the buyer is only one aspect, the process all must go through is of equal importance.  If you honestly feel you have a legal basis for not paying the agent then you should seek an attorney's assistance as I am not allowed to give you legal advice.  Congratulations on selling your home; I hope you have a smooth and successful close of the deal and that you can work out everything you mentioned in your letter to me.  Let me know if you have any additional questions or if I can be of further assistance.  Happy New Year!  Karyn Foley