Perhaps the most difficult provision that can be negotiated in a listing agreement is the compensation provision. The real estate agent does not want to resurrect anyone as part of his efforts to market the seller`s property. As a result, many listing agreements contain a very comprehensive compensation provision that requires the seller to compensate the broker in the event that a claim against the broker is invoked in some way in relation to the real estate or the broker`s efforts to market the property. While this is understandable from the broker`s point of view, the seller will not want to be responsible for the behaviour of anyone except his own and the seller will only want to be responsible for his conduct, which is negligent or violates his obligations under the listing agreement or constitutes a delay. For good reason, brokers have been able to impose themselves against many state legislators and some courts to present laws or jurisprudence in order to protect the broker`s right to a commission. This protection is often granted by the real estate agent`s right not to collect a commission at the conclusion of a sale, but only for the manufacture of a buyer ready and ready to satisfy the seller`s price. Whether or not this result is required by law or by law, the rating agreement often provides for it by contract. Although paying a commission in these circumstances protects a broker, it creates the possibility that the seller may be liable for a commission to the broker, even if the seller does not sell his property, a result clearly not expected by the seller yet acceptable. Brokers are often concerned that an unscrupulous seller might try to avoid a commission until the list expires before entering into a contract with a potential buyer introduced into the property for the duration of the listing. For this reason, most listing agreements provide that the seller is required to pay his commission to the broker if, at the expiry of the list, the seller enters into a contract with a buyer who was introduced into the property while the offer was in effect. While such a provision is reasonable in the concept, the seller must be sure that it is appropriate when applied. The seller does not want to argue with the broker over whether the seller foiled the real estate agent`s efforts to sell the property, because the seller arbitrarily refused a particular buyer or offer.
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