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I would like to change my exclusive listing with a Real

Thank you. I...

Thank you. I would like to change my exclusive listing with a Real Estate agent who has not been effective in getting even one offer for the four months she has had the listing. I have another agent who is willing to do a conjunction listing and the original agent seems to have accepted this. However, I want to check legally what I need to do to secure the conjunction listing so that there are no problems going forward.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

NSW

Lawyer's Assistant: Has anything been filed or reported?

You mean in a court?

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Answered in 5 minutes by:
3/12/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,301
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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do you have a copy of the original authority you signed ?

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does the agreement have an over holding period

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it will be one of the provisions of that agreement.

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what you need to do is if you have an exclusive listing, you need to terminate that agreement in writing with the agent, then also make sure they agree in writing that there is no over holding period under remaining.

then you can enter into a non-exclusive agreement with that agent and the other agent to sell your property, therefore having multiple agents and only one commission payable to the agent that sells the property.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don't for get to rate me for 5 stars as this supports me helping the community and thank you for using Just Answer.

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Customer reply replied 4 months ago
There is nothing called an over holding period. There is a date range (which contains an error) and no other reference to the time of the listing, e.g. it does not say, "six months" or "for a period of six months" anywhere. And in the contract, the dates are "commencing on 03/11/2017 and ending at midnight on 03/05/2017". There is a mistake in the closing date, saying 2017 instead of 2018. Does that void the contract? Also it goes on to say " And as non-exclusive agent for the sale of the Property for the period commencing at the expiration of the exclusive agent period and terminating upon the sale of the property or upon termination by seven days prior written notice given by the Principal or the licensee to the other."

Ok

I have extended a special offer to talk on the phone about this important matter, please look, it will help you.

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,301
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
John Melis and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 4 months ago
Will you be giving me a call?

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