I have 2 acres of land listed with a real estate agent and another 6 acres I advertise myself, I have had a buyer contact me on the 2 acres(listed) and in a private conversation without either of our real estate agents present the buyer asked me about the remaining six. Am I responsible to pay commission on only the 2 acres listed or the entire 8 acres if the sale were to take place?
1 Answer from Attorneys
It is possible that you would not have to pay a commission on the 6 acres you have been promoting yourself. However, your listing agreement may provide that the realtor is owed a commission on any sale for which he/she provides a willing and able buyer.And this provision may apply to sales made long after the listing agreement expires, so long as the buyer "found you" through the realtor. In this case, the realtor may claim the buyer came to you through his efforts, so he should receive a commission on the entire sale - but it will all depend on the language of your listing agreement. I would be happy to review it at your convenience or discuss the matter with you further.