Legal Question in Real Estate Law in Indiana

I was approached by a realtor asking to sell my house to a charity group interest that bought a building next door. We weren't interested in selling, but told him he could ask if price was right. He came back, said they were very interested, but made us sign a "listing" with him against our will, but wouldn't proceeed without some protection. Seemed like a reasonable request. So we signed in Feb 2011. He never got the deal done. At one point, he hit us up for an advance on the commission stating it was a guarentee he'd get the deal done. We gave him no money. Contract was up at end of September. Now, things have changed and we ARE interested in selling. Same charity wants to buy house but told us, they simply can't afford it; but would like to lease it for up to 10 years and then buy on Land Contract. Fortunately, we can do this and would like to proceed. However, I don't want to be tied to this realtor for anything. He seems very, very shady. Reading the contract, we found a provision in it, he didn't point it out, but we nonetheless still signed that says he gets another 60 days if we deal with anyone he brought us. I found on a CA real estate chat room that realtors have to give list of people with 3 days they brought to us we contract is over. That didn't happen. That 60 days won't end until the November 30th; coincidentally, they (charity group) want possession on Dec 1st, but we are already talking with them on lease (just them and me). Can I get out of this deal with this realtor? I read he can get a commission on the lease and I certainly don't want to be tied with realtor for the next 10+ years.

Also, looking for someone to review our lease deal when time comes.


Asked on 10/31/11, 9:30 am

2 Answers from Attorneys

Kenneth Wilk Rubino Ruman Crosmer & Polen

You are bound by the wording in your contract with the realtor. No more. No less.

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Answered on 10/31/11, 3:46 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

What do you mean by "signing against your will?"

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Answered on 12/25/11, 6:58 am


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