Q: Hello. We terminated our contract with previous realtor. Within the extension time of 180 days for that contract...
...we have an offer with a second realtor. Will they share the 5% commission?
A: You need to review the listing agreement. The current standard MAR contract included a clause that eliminated the commission claim of the prior realtor once a replacement realtor was signed as agent. Another form I recall seeing only applied that after the term of the original listing contract expired. If I recall correctly, prior common law was more complex and the agent entitled to the commission was the one who met a complex standard as procuring cause of the sale. If the contract is written more favorably to the prior agent, you might wind pop paying two commissions. A careful reading of the contract is required.
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