Go Back  The Hull Truth - Boating and Fishing Forum > BOATING FORUMS > Dockside Chat
Reload this Page >

Exclusive sale listing agreement error

Notices

Exclusive sale listing agreement error

Old 09-12-2015, 11:17 AM
  #1  
Senior Member
Thread Starter
 
Join Date: Jul 2012
Posts: 876
Default Exclusive sale listing agreement error

Hi real estate pros...Just a quick question. We signed an exclusive right of sale listing agreement for our condo on 4/21/15. Our condo has not sold as of yet and we are exploring other options. I was just looking at out listing contract and noticed that the realtor listed the start date as 4/24/15 and the termination date as 4/23/15. Obviously a simple mistake but could this error void our contract? I assume that the end date was supposed to be 4/23/16. There is nowhere else in the contract that lists the termination date. Thanks in advance for any input.
on deck is offline  
Old 09-12-2015, 11:29 AM
  #2  
Senior MemberCaptains Club Member
THT sponsor
 
Schmaltz~Herring's Avatar
 
Join Date: May 2002
Location: Cruising Lake Titikacka On My 18' Bayliner Element With 60 HP Optimax's
Posts: 17,255
Default

"Presumably", a one day listing was not the intent of the parties, scrivenor error or in legal parlance, "brain fart".
Schmaltz~Herring is offline  
Old 09-12-2015, 11:44 AM
  #3  
Admirals Club Admiral's Club Member
 
Join Date: Feb 2014
Location: Lewes, DE
Posts: 10,202
Default

The above, especially as you allowed it to continue.

And people say the real estate agents are looking to screw people over....

Now there are ways you can legally terminate the contract, it has never happened to me, so I am not sure how, but I know it can be done.
TorFed is offline  
Old 09-12-2015, 11:47 AM
  #4  
Admirals Club Admiral's Club Member
 
Join Date: Dec 2010
Location: Pompano Beach, FL
Posts: 11,874
Default

I've only seen 3-6 month listing agreements. IMO, I would never sign a year long listing agreement, because in my mind, if a realtor couldn't sell my condo in 6 months, I'd be looking for some else.
Jus Teasin is offline  
Old 09-12-2015, 11:58 AM
  #5  
Senior MemberCaptains Club Member
 
Join Date: Oct 2007
Location: Davie / Islamorada
Posts: 12,250
Default

Scriveners Error.....

You both have been living under the agreement..... Why not just ask them to terminate ..
triplenet is offline  
Old 09-12-2015, 12:05 PM
  #6  
Senior Member
Thread Starter
 
Join Date: Jul 2012
Posts: 876
Default

Thanks for the input. I really like our realtor and would like to to make the sale but it just isn't happening. I was surprised when I double checked the contract as well. We agreed upon a six month contract so maybe the error was meant to be 10/23/15 termination date. Either way I am going to contact him Tuesday. Thanks again.
on deck is offline  
Old 09-12-2015, 02:03 PM
  #7  
Senior Member
 
Join Date: Feb 2007
Location: North Palm Beach, FL
Posts: 8,457
Default

Unless your property is a real dog and/or your asking for the moon and/or you don't really care if it sells or not, I couldn't imagine listing for a year. I'd do 90 days and renew if I thought the guy was doing a good job (marketing, showings, suggestions to improve chances for a sale, etc). If he wasn't working for me, I'd find someone new.
OReely is offline  
Old 09-12-2015, 02:12 PM
  #8  
Senior MemberCaptains Club Member
 
Join Date: Nov 2006
Location: New Smyrna Beach
Posts: 8,153
Default

IMO I would not sign a year listing but that's up to you. When you sign an exclusive listing that eliminates other realtors wanting to show your condo since they would not receive any commission.
C Skip R is offline  
Old 09-12-2015, 02:14 PM
  #9  
Senior MemberCaptains Club Member
 
Join Date: Oct 2007
Location: Davie / Islamorada
Posts: 12,250
Default

Originally Posted by C Skip R View Post
IMO I would not sign a year listing but that's up to you. When you sign an exclusive listing that eliminates other realtors wanting to show your condo since they would not receive any commission.
Exclusive listing doesn't mean that broker won't cooperate on commissions with a buyers broker ...
triplenet is offline  
Old 09-12-2015, 02:54 PM
  #10  
Senior Member
 
Join Date: Jan 2009
Location: Miami/Upper Keys
Posts: 2,336
Default

Originally Posted by C Skip R View Post
IMO I would not sign a year listing but that's up to you. When you sign an exclusive listing that eliminates other realtors wanting to show your condo since they would not receive any commission.
You could not be more mistaken. All I sign is Exclusive right of sales and almost all my listings sell through a cooperating broker.
Chiliando is offline  
Old 09-12-2015, 03:11 PM
  #11  
Senior Member
Thread Starter
 
Join Date: Jul 2012
Posts: 876
Default

Just spoke with him and it is a 6 month listing. He has shown our condo a half dozen times to another broker and their client. He told me that he doesn't mind sharing. Really a good guy but more for houses than condos I believe.
on deck is offline  
Old 09-12-2015, 07:30 PM
  #12  
Senior MemberCaptains Club Member
 
Join Date: Nov 2006
Location: New Smyrna Beach
Posts: 8,153
Default

Originally Posted by triplenet View Post
Exclusive listing doesn't mean that broker won't cooperate on commissions with a buyers broker ...
I stand corrected.
C Skip R is offline  
Old 09-12-2015, 08:52 PM
  #13  
Senior MemberCaptains Club Member
PLEDGER
 
Bruce W's Avatar
 
Join Date: Feb 2001
Location: VA
Posts: 14,969
Default

Originally Posted by Jus Teasin View Post
I've only seen 3-6 month listing agreements. IMO, I would never sign a year long listing agreement, because in my mind, if a realtor couldn't sell my condo in 6 months, I'd be looking for some else.
- Especially on an "exclusive" basis! One YEAR? NOT!

Regards,.
Bruce W is offline  
Old 09-12-2015, 10:15 PM
  #14  
Admirals Club Admiral's Club Member
 
Join Date: Feb 2014
Location: Lewes, DE
Posts: 10,202
Default

Originally Posted by on deck View Post
Just spoke with him and it is a 6 month listing. He has shown our condo a half dozen times to another broker and their client. He told me that he doesn't mind sharing. Really a good guy but more for houses than condos I believe.
If he has shown 6 times to one person and they haven't made an offer you are likely over priced or another issue. Or he is BS'ing you. That is nearly unheard of.

Originally Posted by Bruce W View Post
- Especially on an "exclusive" basis! One YEAR? NOT!

Regards,.
Also, I am fairly certain many of the people posting on this don't understand what an exclusive listing means. It doesn't mean you are the only person allowed to show the property... You could have 100 agents go through there representing buyers. It only means you are the exclusive agent to represent the property owner.
TorFed is offline  
Old 09-13-2015, 01:04 AM
  #15  
Senior MemberCaptains Club Member
 
Join Date: Jun 2003
Location: Swamp, FL
Posts: 1,787
Default

Is it listed in MLS? Has the realtor had "open house"? Was the condo staged and professionally photographed? If so and it hasn't sold in 6 months you are asking too much. Sorry, but pretty much everything is $$ related.
Jkcam is offline  
Old 09-13-2015, 05:01 AM
  #16  
Senior MemberCaptains Club Member
 
Join Date: Nov 2005
Location: London, Ontario, Canada
Posts: 1,479
Default

I am quite surprised the agent did an exclusive listing. Why would you not go MLS as exclusive listings do not go on the mls system for other agents and buyers to see?
Dwain is offline  
Old 09-13-2015, 05:09 AM
  #17  
Admirals Club Admiral's Club Member
 
Join Date: Apr 2012
Posts: 1,478
Default

Originally Posted by Dwain View Post
I am quite surprised the agent did an exclusive listing. Why would you not go MLS as exclusive listings do not go on the mls system for other agents and buyers to see?
Saltydawg15 is offline  
Old 09-13-2015, 05:45 AM
  #18  
Senior MemberCaptains Club Member
 
Join Date: May 2005
Location: South Florida
Posts: 9,088
Default

People are (still) misunderstanding the Exclusive bit. An "exclusive right to sell" contract is normal for Florida, and just means is that the agent is protected in his half of the commission, no matter where a buyer comes from.

Condos can be tough to sell... don't know where you are, but down here the last 5 months have been about as good as any other time to sell in RE history. I'd look hard at your price and not your agent - if you like the guy, do him the favor of seriously re-evaluating your price now, not after the contract is up.
Flot is offline  
Old 09-13-2015, 06:00 AM
  #19  
Admirals Club Admiral's Club Member
 
Join Date: Feb 2014
Location: Lewes, DE
Posts: 10,202
Default

Originally Posted by Dwain View Post
I am quite surprised the agent did an exclusive listing. Why would you not go MLS as exclusive listings do not go on the mls system for other agents and buyers to see?


Everyone knows everything about real estate. . What you are giving is the definition of a "pocket listing". An exclusive agency agreement without approval to put in MLS.

Originally Posted by Flot View Post
People are (still) misunderstanding the Exclusive bit. An "exclusive right to sell" contract is normal for Florida, and just means is that the agent is protected in his half of the commission, no matter where a buyer comes from.

Condos can be tough to sell... don't know where you are, but down here the last 5 months have been about as good as any other time to sell in RE history. I'd look hard at your price and not your agent - if you like the guy, do him the favor of seriously re-evaluating your price now, not after the contract is up.
TorFed is offline  
Old 09-13-2015, 06:43 AM
  #20  
Senior MemberCaptains Club Member
 
Join Date: Oct 2007
Location: Davie / Islamorada
Posts: 12,250
Default

Originally Posted by Flot View Post
People are (still) misunderstanding the Exclusive bit. An "exclusive right to sell" contract is normal for Florida, and just means is that the agent is protected in his half of the commission, no matter where a buyer comes from.
.
Quick boring story;

I had an exclusive listing on a commercial property for leasing and sale ...

The owner ( unbeknownst me) Sells the property to his cousins, uncles, father a week into the listing ....

I eventually find out - he refuses to pay - file suit and after a lengthy trial I made a good chunk of change for doing absolutley nothing ...

Last edited by triplenet; 09-13-2015 at 06:55 AM.
triplenet is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are On
Refbacks are Off


Thread Tools
Search this Thread