Expert: Derek Hamilton - 7/7/2010

Question
One week before our real estate contract expired, June 30th, our house was shown by ourselves because the person arrived 1 hour early but then the real estate agent showed up.  My question is:  this guy that came to see the house called us twice since the listing has been expired and made an offer.  I looked on my contract and where it sais "for so many days after the expiration date, if an offer is made by someone that has seen the house while listed, you owe the commission of ... " well, I checked and there is nothing written on the contract.  On our 2 previous ones, with other real estate companies, one has 120 days and the other one has 60 days.  So if this one has absolutely nothing written, what are my rights and do I still have to pay commission? We live in Ontario. Thank you in advance for your help... Johanne

Answer
Hi Johanne,
If there is nothing in the Listing Contract about the (Hold Over Clause) then you're good to go.
Although, on the Toronto Real Estate Board Listings there is a 60 ,90, 120 or as many days for a Hold Over Clause that protects Listing Real Estate Agents Commission from Seller's Selling their property after the listing expired when the Buyer was through the property while it was listed for sale.
Make sure you read the fine print on the listing! The Buyer might have signed a Buyer Agreement with his Agent? It might be wise to show good faith and give your Listing Agent some dough?
Good luck!
Derek