Richie Alan  Naggar, agent & author  (people first...then business Ran Right Realty )

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Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

Hi, Seller.  What do you mean, "You changed your mind"?  

 

 

   

Sep 13, 2021 06:39 AM
Rainer
29,641
Rodney Downs
Infinite Real Estate Group - Springville, UT
Making your dreams a realty.

If no contract was signed by the buyer and seller both there is no commision. 

Keep an eye on the house though. If they said we changed our mind just to get you out of the picture then sell behind your back after you listed their house and had a buyer broker agreement.. They still owe you your commision. 

Sep 13, 2021 11:02 AM
Rainmaker
440,280
Buzz Mackintosh
Mackintosh REALTORS - Frederick, MD
“Experience, reliable, leadership”

We enter a termination fee if the Seller changes their mind before the contract is up. If they signed one of the offers or one of them was cash with no contingencies that's another ball game and they need to seek legal council, but a full commission would be due for producing a ready willing and able Buyer.

Sep 13, 2021 09:36 AM
Rainmaker
985,222
Doug Dawes
KW Evolution - Topsfield, MA - Georgetown, MA
Your Personal Realtor®

They changed their mind so I let them out of the contract

Sep 13, 2021 07:59 AM
Rainmaker
872,651
Peter Mohylsky. Broker -BRIX REALTY
Miramar Beach, Florida - Santa Rosa Beach, FL
BRIX REALTY -DESTIN

It all Depends.  I actually had this recently as well.  I was able to convince my seller that she really needed to think this thru.  I also lawyered up just in case.  In florida, the listing agreement does have words about what happens if we have a suitable offer and the seller gets cold feet.  I have to refer to the listing agreement but it is covered.  

Sep 13, 2021 06:43 AM
Rainer
148,496
Ken Jones, Commercial Real Estate
Kenneth J. Jones, Inc. - Toms River, NJ
Serving Central & Northern New Jersey Since 1971

Richie Alan Naggar What commission?

The seller didn't sign a contract with a buyer to sell. Thus, there is no commission due.

Just because a seller signs a listing agreement does not require them to actually sell.

Next!!!

Sep 13, 2021 06:38 AM
Rainmaker
1,716,204
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg Real Estate

Seller is in breach of contract. We are an attorney state so he will be getting advice on what type of trouble the buyers will have in store for him.

If it doesn't close, I am not due a commission.

Sep 13, 2021 05:46 AM
Rainmaker
887,783
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

"Fine, I'll pull the listing; however, the 180 day broker protection clause stays in effect so do contact me if you decide you wish to return to market."

In our listing agreements, 'offers coming in' don't necessarily earn your fee. If someone made a full price offer with no contingencies whatsoever, perhaps!

Sep 13, 2021 06:22 PM
Rainer
267,640
Don Baker
Lane Realty - Eatonton, GA
Lake Sinclair Specialist

My broker has never pursued a commission when a seller changed their mind before acception signing a purchase and sale agreement. Our listing agreement would allow for this, but mind changing generally happens before we have offers.

Sep 13, 2021 07:19 AM
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Bob Crane
Woodland Management Service / Woodland Real Estate, EXP - Stevens Point, WI
Forestland Experts! 715-204-9671

Pay it.

Commission is owed when a willing and able buyer is found, not if it closes, Though most are paid at closing, in most states it is due when they bring in a buyer.
Read that fine print in the listing agreement.

Sep 13, 2021 11:15 PM
Rainmaker
1,380,473
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

The listing agreement you and I use has the following:

 

If the seller hasn't accepted an offer, we're not entitled to a commission.

 

I would have a conversation with the seller to see what changed.

Sep 13, 2021 12:19 PM
Rainmaker
6,543,954
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Release the listing and ask them to let you know if they change their minds. And, follow up on a regular basis.

Sep 13, 2021 12:01 PM
Rainmaker
846,130
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

They haven't accepted any offers yet, so that would help. I would remove from mls asap, and let those agents that submitted offers know. I wouldn't worry about commission.

Sep 13, 2021 10:31 AM
Rainmaker
895,177
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

The listing agreement is a CONTRACT! Our listing agreement does not allow for one party to cancel. (Refuse to sell or withdraw the property from the market.) The cost of litigation to collect the commission in a case such as is set out here, plus the anger and enmity that it would engender in the seller...who would tell everyone how the broker is persecuting them...would make a lawsuit to enforce the contract unwise in most cases.

Withdraw the listing. Find out what the real problem is. Stay in touch with the "seller". Good luck!

Sep 15, 2021 12:08 PM
Ambassador
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Alan May
Jameson Sotheby's International Realty - Evanston, IL
A moving experience!

That's going to depend largely on local laws and customs, as well as the agency contracts. 

Based on your question... offers have come in, but no offer was "accepted" (ie: ratified by the sellers) before they changed their minds. 

As per our agency/local customs, no commission is due until a ratified contract has made it all the way to settlement.

Sep 14, 2021 05:40 AM
Rainmaker
549,150
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

What does your contract allow you to do?

Sep 13, 2021 01:50 PM
Rainmaker
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Kat Palmiotti
406-270-3667, kat@thehousekat.com, Broker, eXp Realty - Kalispell, MT
Helping your Montana dreams take root

If they changed their mind prior to any contract being signed (which is what it sounds like), then they don't owe a commission for selling. However, if the listing agreement has language about what happens if the seller changes his mind, then that language would have to be followed. if there is no language surrounding this possibility, there is no commission due.

Sep 13, 2021 11:38 AM
Rainmaker
882,427
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

If a contract has NOT been executed their cancellatin falls within the provision for canellation in the listing agreement. Your question is not clear if a purchase contract has been executed and all contingencies fullfilled.
In some cases a buyer may expect to be made whole if they have spent real money and have receipts.
THe commmission is dealt with according to the cancellation provision in the listing agreement. I write those provision NOT THE BROKER.

Sep 13, 2021 09:29 AM
Rainmaker
538,594
Greg Large
ERA Real Solutions - Grove City, OH
A Tradition of Trust

what commission? your scenario does not state an offer was accepted to claim a commission is due. unless a cancellation provision is in the listing contract with the provisions for cancellation and compensation identified, there is no commission, imho.

Sep 14, 2021 07:04 AM
Rainmaker
4,884,514
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

I have a clause I use for their termination and my fee if they decide to terminate prior to end of listing period.

Sep 14, 2021 07:01 AM
Rainmaker
4,158,260
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

It depends! What are the circumstances as you interpret them? So many issues here. All costs would have to be recovered at a minimum. Might want an attorney to draftcancellation agreement with some very protective language.

Sep 14, 2021 05:17 AM
Rainmaker
1,625,836
Georgie Hunter R(S) 58089
Hawai'i Life Real Estate Brokers - Haiku, HI
Maui Real Estate sales and lifestyle info

Been there, done that.  Call it a day and get the listing next time they are ready.  Keep your client happy and they will hopefully come back around.

Sep 16, 2021 08:36 PM