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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 38507
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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I have a question regarding the protection period in the

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I have a question regarding the protection period in the Texas Association of Realtors’ Residential Real Estate Listing Agreement Exclusive Right to Sell
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has any paperwork been filed?
Customer: Legal paperwork, No.
JA: Anything else you want the lawyer to know before I connect you?
Customer: It involves the written notice specifying the names of persons whose attention was called to the Property during this Listing

Hello,

What's the question about the notification list?

Customer: replied 1 month ago.
We had a contract with a real estate agent after the contract ended, we sold our house (without a real estate agent) to a person who had previously made an offer on the house. The agent is saying that we own a commission to her because it was within the protection period. However, the contract clearly states the following:1) “Protection period” means that time starting the day after this Listing ends and continuing for 180 days. “Sell” means any transfer of any interest in the Property whether by oral or written agreement or option.
(2) Not later than 10 days after this Listing ends, Broker may send Seller written notice specifying the names of persons whose attention was called to the Property during this Listing. If Seller agrees to sell the Property during the protection period to a person named in the notice or to a relative of a person named in the notice, Seller will pay Broker, upon the closing of the sale, the amount Broker would have been entitled to receive if this Listing were still in effect.
(3) This Paragraph 5E survives termination of this Listing. This Paragraph 5E will not apply if:
(a) Seller agrees to sell the Property during the protection period;
(b) the Property is exclusively listed with another broker who is a member of the Texas Association of REALTORS® at the time the sale is negotiated; and
(c) Seller is obligated to pay the other broker a fee for the sale.The agent never provided us with written notification of the he names of persons whose attention was called to the Property during this Listing. Can the fact that the person placed an offer one point be interpreted as the written notification?

Was this a new offer that you accepted, or was it the offer that was made during the listing period?

Customer: replied 1 month ago.
Was a new offer.
The original offer was in March and was rejected.
The contract with the agent ended on June 30.
Second offer was in September and was accepted.
Customer: replied 1 month ago.
We had no personal contact with the buyer until after the contract ended.

If it was a new offer, then you have no obligation to the original agent -- with one exception:

Paragraph 5.B.(2) provides that the broker is entitled to a commission if: "Broker individually or in cooperation with another broker procures a buyer ready, willing, and able to buy the Property at the Listing Price or at any other price acceptable to Seller."

Assuming that the new offer was for the identical listing price, then the agent could claim that you intentionally rejected the original offer in order to deprive the agent of his/her sales commission. Proof of that would be a breach of the original contract and entitle the agent to the sales commission.

That could be a difficult proof. But, I'm mentioning this possibility to be thorough.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf.

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Customer: replied 1 month ago.
One last question, the individual is required to provide us with a formal written list and we (the sellers) are not responsible for identifying who would be subject to the protection clause without the formal list. Is this correct?
Customer: replied 1 month ago.
Or more correctly:
the real estate agent is required to provide us with a formal written list and we (the sellers) are not responsible for identifying who would be subject to the protection clause without the formal list. Is this correct?
Customer: replied 1 month ago.
Did we breach the protection clause? That is what the real estate agent is claiming.

You're correct. If you don't get written notice of the persons subject to the protection period within 10 days from the date that the listing terminates, you're not responsible for the sales commission, even if someone who already viewed the property ultimately purchases the property, unless the agent proves that the purchaser was the "procuring cause", as described in Paragraph 5.B.(2) -- and explained in my previous answer.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

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