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It's possible but I agree with Michelle that I would be careful. The last thing you'd want to do is reduce the price of your home by the commission fee in order to get it sold to this buyer and THEN find out that you have a legal obligation to pay that fee to the agent. Read your contract.
Jul 8, 2009 at 9:42 AM
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You may already have the answer to you question since it is July now. But if your agent used a TAR contract that says Exclusive Right To Sell Listing Agreement, in paragraph 3. TERM if your agent was the procuring cause (brought or showed customer, including the marketing that brought the customer in) it will state how many days after expiration the agent has the right to collect a commission. If you are sure that the agent had no contact or procuring cause, ie. ads, newspaper, etc. and can prove it, than you have the right to sell your home without representation. Please be careful with this. I was a homebuyer, before I became an agent.
Jul 8, 2008 at 12:54 AM
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In Georgia, yes. In Tennessee, I'm unsure and would agree with Steve to read your agreement. However, know there can be pitfalls in handling the transaction yourself without having knowledge of current real estate laws, specifically handling or negotiating a purchase and sale agreement. The next question I have in mind, would be have you qualified the buyer? Are they financially able to buy with a solid pre-approval letter. You don't want to have your belongings in a truck expecting to close and the buyer be unable to do so. The situation is like going to court. You can represent yourself, but if it's involving the largest asset you possess, wouldn't it be better if you went to court with a lawyer. A person specializing in law.
May 30, 2008 at 10:30 AM
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Read your listing agreement. It probably has a clause in there that any sale which occurs after the expiration of the agreement, in which the marketing of the home resulted in procuring cause, result in commission to your current agent. That clause is specifically designed to address what you are trying to do.
May 28, 2008 at 1:20 PM
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5 responses
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