jtdumallard wrote:My house has been on and off the market for about a year. Recently I sank about 2500 into new ceramic tile floors in the bath rooms and kitches and counter-tops in the kitchen. When i started all of this updating i took it off the market completely and just recently place a For Sale By Owner by in my yard. The wife was wanting to hurry up and sell so i put it back on the market with a different agency than i previously had it listed with. I signed papers on wednesday afternoon and on thursday I had a lady call in responce to the By Owner sign still in my yard. She wanted to come see it and I immediattly told my realtor to wait and put it own the market and she said ok. I didnt tell her that I had a lady very interested. Well yesterday the lady shows up with an approval from the bank and earnest money.
Now heres my question. Since it hasnt gone on the market and the realtor didnt do anything to sell the house, is she due commision, legally? She never listed it on her website, the MLS, or even put a sign in my yard which would lay claim to the property as being on the market. Can I just call her up and tell her I sold it by owner? I dont have a copy of the contract i signed with her, thats why im asking if we have any realtors that may have gone through similar situations. I want to do the right thing but im hard pressed to turn loose of commision for something ive done all the work on.
What does the contract say? No need to weasel out of anything. It is either yours or theirs. Either way, learn and move on. Don't try to justify what you think is right against the contract. The contract is what controls.