Q: I ended a 6-month listing contract with my agent approximately 3 weeks before it was set to expire. Now I have an offer
from a showing via free web posting that I thought was just to indicate the property was pre-market but soon would be available. My realtor is upset because I terminated early with the understanding that I wanted to wait a few months to relist. That was my intention, but now I have a decent offer. I asked if they had been shown the home during the listing period, and they had not. The photos on my webposting are from her listing and I am fully preprared to compensate her for those and also would like to pay her for other services she provided. What is my legal obligation to my former agent? Can I compensate her privately if we come to an agreement, or does her agency have legal claim to this sale?
A: It will depend on the language in your listing contract with the agent. However, even if this is all accurate and it was not your intent to harm the agent, they may never believe that and certainly could pursue you for what they believe is a breach of contract. There is no reason why you can't settle with the agent privately, but you want to make her agency is also bound to the settlement.
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