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Seeking Canadian real estate lawyer. Ontario canada. General…

Customer Question
Seeking Canadian real estate...

Seeking Canadian real estate lawyer

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

Ontario canada

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

Nope

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

General question on real estate law

Submitted: 7 months ago.Category: Canada Law
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Answered in 2 hours by:
11/28/2017
Lawyer: Debra, Lawyer replied 7 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,579
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 7 months ago

I am sorry to hear that you may be in a difficult situation.

What are the basic facts and what is your specific question please?

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Customer reply replied 7 months ago
real estate law-- once my MLS agreement expires ...the hold over clause only application to clients that the real estate agent showed my house too? does it apply to anyone that might have seen the listing ? but not contacted or had it shown to them? and finally wat happens if someone approached me directly inquiring about my house then approaches me in later Dec or Jan for the sale.. am i obligated to the previous agents ?? thanks..
Lawyer: Debra, Lawyer replied 7 months ago

Generally the hold over clause protects the agent who has introduced a potential buyer to the property while the agreement was in force so that for 90 days (usually but see your agreement of course) the agent gets commission if they come back and buy the property.

So if they saw the house while the agreement was enforce then if they buy within 90 days the agent gets the commission.

If someone came by privately at that time the agent would get the commission of course even if they had approached you directly so the agent gets the commission during the hold over period just the same way.

Does that clarify the law?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 7 months ago
hmmmm how about if a private person that found and showed the house too during the mls period.. if they put in an offer during the holdover time is commissions to the prior agent applicable ?
Customer reply replied 7 months ago
as i would have found and shown the house not the agent..
Lawyer: Debra, Lawyer replied 7 months ago

But if they saw the house during the time the agreement was in place the agent is entitled to the commission unless that specific person was excludded.

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Customer reply replied 7 months ago
ok how about if they see the house after the listing has expired ... but during the holdover time and purchase it.. since they are new person the holdover clause isnt applicable to them ?
Lawyer: Debra, Lawyer replied 7 months ago

That is correct.

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Lawyer: Debra, Lawyer replied 7 months ago

Is there anything more I can help you with at this point in time?

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