Legal Question in Real Estate Law in Arizona

Expired listing agreement

My house went into sale negotiations on the last day it was listed. My agent came up with the idea to take a flat fee for his advertising fees of about $1500 and let the listing expire. He also waived his commission on the sale of our house so that he would be the agent on the house we had already picked out to buy. We ended up writing an unrepresented sellers agreement and sold our house. In turn, we signed an exclusive buyer/broker agreement for 8 months. The market tanked and we backed out of the house we were going to buy. We never viewed any other properties with this agent and our buyer/broker agreement expired. A year goes by w/o any contact from this agent and we find out that he has left the brokerage that we signed with him. We find a house and don't use him as our agent. Now he has contacted me to collect his commission, I guess on the sale of our old house. Can he collect on this even though he's no longer with this brokerage and is he entitled to one at all now since we already gave him money via a personal check?


Asked on 6/29/09, 1:08 pm

2 Answers from Attorneys
Gloria Meyer Meyer Law Office

Re: Expired listing agreement

This agent has no claim whatsoever.

Read more
Answered on 6/29/09, 5:05 pm
Donald Scher Donald T. Scher & Associates, P.C.

Re: Expired listing agreement

It doesn't sound like he has any claim, if you gave him money to compensate him for his trouble in the original transaction. I would have to review the facts and documentation with you to give you a better answer.

Read more
Answered on 6/29/09, 1:17 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Arizona