How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 114029
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
10285032
Type Your Real Estate Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I am under contract with a real estate broker. My brother

Customer Question

I am under contract with a real estate broker. My brother decided that he wanted to buy my house but the broker won't let me out of contract so I can do a for sale by owner. The contract ends on 9-11-16. The house is no longer being shown. Can I have my brother sign a lease to own or do I have to wait until the real estate company tract ends to sign a contract for fsbo? Can I have him sign a post dated contract to buy house?
Submitted: 9 months ago.
Category: Real Estate Law
Customer: replied 9 months ago.
Our realtor had no problem with releasing us from our contract but her broker would not let us out of our contract. He knew it was an immediate relative wanting to buy our home.
We
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that if your brother does anything at this point the agent is going to be entitled to commission per their contract. You would have to not say anything about this and you will need to let the contract end, since the broker can make a claim if you enter into any contract with your brother during the time you have the broker under contract. It is not really legal to sign a post dated contract and if the broker finds out he has, then you can still be sued. Even if the broker does not find out, if your brother changes his mind after that date he can seek to have it voided based on it being post dated.
Anything you sign now can entitle the broker to their share of commission I am afraid.
Customer: replied 9 months ago.
Ok. Is it legal for me to rent the home to him?
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
As long as the broker contract does not prohibit it, yes, you can rent the house to him.
Customer: replied 9 months ago.
There is nothing in contract that states that we owe him anything if we decide to lease
Expert:  Law Educator, Esq. replied 9 months ago.

Thank you for your reply.

Then you can lease the premises out while you are under the broker contract.

Related Real Estate Law Questions