if i am able to sell my home after its been off the market, am i still obligated to give my previous realtor c

a couple saw my home on line, their realtor reached out to my previous realtor, they are scheduled to see my home tomorrow. am I obligated to pay a commission to my previous realtor?
In Selling Property - Asked by ada b. - Jan 21, 2017
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Answer(s)

Charles B.
Broker/Agent
Seattle, WA

I would refer to the listing agreement for specifics. If you signed an exclusive listing agreement, the general rule is if the buyer came as a result of the listing agent's marketing efforts, they should be owed a commission.

Jan 21, 2017
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John L.
Owner/Investor
Lake Dallas, TX

In most Broker agreements there are stipulations about time frame after agreement has expired. If Broker had brought someone and later ended agreement he usually has up to 6 months that previous potential clients are protected. They usually have to register these potential prospects at end of agreement. In your case your old broker has become involved through other means and has earned half of the 6% commision fee with other 3% going to other broker. If old Broker didnt bring group to you it is possible you would not have sale. So yes hes has earned his fee!

Jan 22, 2017
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Juanita A.
Broker/Agent
Hallandale, FL

You need to review the listing agreement. It will specify all the applicable time limits and protection period for the broker.

Jan 23, 2017
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Ada M.
Broker/Agent
Hollywood, FL

Definitely you will need to refer to the listing agreement stipulations regarding time frames, clients and proceeds from any buyers that previewed the property during the time it was listed. Based on the type of listing you have signed, you can figure out your next step. In the event of which, the buyer/buyers have resulted due to the direct and indirect efforts of the listing agent, the agent should have rights to the commission agreed upon, depending also on the stipulations of the contract time-wise, related to the "after termination" time frame of the listing. I hope this will shed some light.

Jan 24, 2017
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Elizabeth (Beth) S.
Broker/Agent
Atlanta, GA

Legally -maybe yes maybe no. It depends on your state's law and the listing agreement.
Ethically/Morally - Yes. This buyer found out about your home due to your previous broker's online efforts and this buyer found you by reaching out to your previous broker. Seems like 'procuring cause' to me but I am a broker, not a lawyer. If you want a legal answer you need to hire (and pay) an attorney.
Practically - The buyer's broker is looking for a commission and may ask for more if they have to do all of the work. They may also be uncomfortable upsetting a colleague and talk up another house. Also keep in mind the buyer has professional representation and might know stuff that you don't. You are at a disadvantage if you go it alone against a professional.
Personally unless you found the realtor to be uninformed and unhelpful I would use them and pay them. However if you want to try to save a penny you would be better off making a deal with the previous broker - as in I will pay you X for your trouble in return for doing Y and nothing else. You avoid a dispute and the brokers are clear on who is doing what.
Finally you should have resolved this before scheduling the showing. Did you give your realtor the impression you were paying them? Generally speaking if I approach someone saying "I am a broker and I have someone interested in your property" I am not offering charity services. I think you know that. The buyer's broker could have steered the broker to his/her other listings. The broker did the right thing. You should do the right thing by agreeing to pay them something for their trouble and by being clear about your intentions.

Jan 25, 2017
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Viv K.
Broker/Agent
Orlando, FL

The high road is always best and leads to the best outcome -- as my colleagues have stated, it's likely covered under the listing agreement anyway ~ one of my closings a while back, i represented the Buyer after the Seller would not adjust price to market value and was assigned new agents in my office -- we closed UNDER where i had asked Sellers to list / adjust and earned great trust from my Buyers at the same time.

Feb 1, 2017
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howard k.
Broker/Agent
Framingham, MA

Perhaps the two agents could split the commision. Not sure of what state that you reside in. That could make a difference. Take the high road. Ask a real estate attorney too. Good luck.

Feb 2, 2017
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