Q: Do I owe commission to realtor ?
I talked to a realtor do have my house listed.
He sent me the listing agreement, which I never signed. He ran comps for me.
He put a lock box on the house without me knowing.
I want to use a different agent instead, but he needs the keys to get in the house.
The realtor (#1) that put the lock box on the house told me that the new agent should know how to open the lock box.
My question is will I owe any commission to realtor #1 when house sell, since I did not sign anything with him ?
The house is in Arizona
A: Commissions are typically tied to the listing agreement. Since, you did not sign anything there is no evidence of an agreement. An oral contact is remote possibility, but is unlikely (esp. since the property is real estate). If you want to be totally protected, send realtor 1 a letter stating that (1) you did not agree to have him list your house; (2) you did not sign a listing agreement; (3) you have chosen another realtor; (4) realtor should not list the home; and (5) realtor 1 will not receive a commission (send it registered and keep the receipt). The letter does not need to be mean or threatening. The letter does not create a binding agreement, but it provides clear evidence that realtor 1 received notice of your actions and should contact you if he disagrees. In the unlikely event a disagreement occurs, contact a lawyer and wait on listing the house until the matter is resolved or ok-ed by your lawyer.
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