My wife and I are looking for a retirement home in PA. We have spoken with several different agents over the last 1-2 years. We have executed several buyer's agent contracts to be able to see certain homes we were interested in. Most were just for a few days, some a few weeks and one agent we signed for 90 days.
One of the agents sends us listings that we might be interested in. One of the emails sent was for a new construction 55+ community while we were under a buyer's contract with them and their firm. They aren't associated with the community and the realtor there at the community is an employee of the builder. We went to the model house, took a tour and looked at the community but didn't act. That was a few months ago and at the time we weren't really interested. Our agent didn't go with us, didn't ask us about it or probably even know that we went to look at the houses there.
Fast forward to today. The buyer's agent contract we signed has since expired and we have not executed a new one with this particular agent. We are currently not under any buyer's agent contracts.
Question: If we went back to that community now, while not under any buyer's agent contracts, would we still owe a commission to the original agent who sent us the listing if we bought a house there? Or could we go back to any of the houses we saw with them last year and buy directly with the sellers/agents without owing a buyer's commission?
My understanding of the legal language is the commmission is owed if any purchase transaction occurs while the contract is in force, but wouldn't apply if the contract has expired.
Posted by todalimitbaby
3 Comments
Read your contract. There may be a clause where if you offer on a home you’ve seen with them within 90 (or some other specific number) days of your agreement ending you would be on the hook.
Does the agreement have a protection period or protection clause?
If that buyer agent did not show you the home in the 55+ community you would likely not owe any commission. Read the contract carefully.