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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102600
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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We were selling our home with a realtor and decided to take

Customer Question

we were selling our home with a realtor and decided to take it off the market, we paid her her cancellation fee of $775.00 and signed the paperwork to take it off the market, then our neighbor came to us, who never saw the house with the realtor, and we made a deasl for cash for him to buy the house, now the realtor sent us some documents that listed all the people who had seen our house while it was on the market and said it we sell it to anyone not only the people who saw it she is entitled to her comission. We are in wisconsin is this true even if we sold the house to our neighbor do we have to pay her comission?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Ely replied 2 years ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

No, this is not true.

The Realtor can only claim commission, if:

1) The home is on the market, and it sold, or
2) The home is taken off the market, but then is sold to a party that saw it advertised via the Realtor's advertisement/work, and/or, dealt with the Realtor re: the home and/or engaged in negotiations but then walked away.

IF SO, then they can claim the commission.

Here, it was the neighbor. Unless the Realtor can prove that the neighbor knew of the home because of their work, then they cannot claim a commission. This becomes subjective of course, because the Realtor can try to claim that the sales sign itself was the reason the neighbor knew. If the neighbor can put in writing that they never knew of it even being on sale until the home itself was off the market, this would be helpful as it can be used as a bulwark against the Realtor's assumption that the neighbor knew of the home being sold because of their work.

In the end, the onus is on the Realtor to file anything and prove it in Court. So until/unless they do, the sale can simply go on and no money is owed to them (arguably).

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith by rating me positively.

Expert:  Ely replied 2 years ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!