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Seller's broker? How much are you bound to them?

Started by savorcoffee
about 7 years ago
Posts: 4
Member since: Sep 2018
Discussion about
Hello all, I read that when you are hiring a broker to sell your apartment, there is a contract involved and you are obligated to stick with that broker. Is this true? How long is the contract for and at what point can you fire your broker if you're unhappy with them? Also, what are some good interview questions to ask to filter out the bad ones?
Response by 30yrs_RE_20_in_REO
about 7 years ago
Posts: 9877
Member since: Mar 2009

It's whatever it says in your contract. Don't fall for any "it's our standard contract" BS - all contracts are negotiable. Always negotiate a kickout clause if you are unhappy - odds are the broker will want the exclusive to stay in effect for buyers who they have shown the unit to. Limit that to a time period, limit the number, and make them provide a list of names. Also, limit the time of the exclusive contract - open ended are actually illegal as far as I know, but also don't go for 1 year or any period longer than the broker is "promising you" they will sell it in (i.e. if a broker is "guaranteeing you" that they are going to sell it within 3 months, why would they need a 6 month exclusive?).
Keep in mind you can always renew if you are happy with the service you are getting, but you can not unilaterally change contract terms after signing (although I do think if you are very unhappy and have cause, I think a decent amount of brokers will let you out, so long as that cause isn't "I found someone I want to sell it to and cut you out of the deal")

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Response by ximon
about 7 years ago
Posts: 1196
Member since: Aug 2012

In my experience, brokers will want a one year exclusive listing but will settle for 6 months. 3 months may be a non-starter.

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Response by 30yrs_RE_20_in_REO
about 7 years ago
Posts: 9877
Member since: Mar 2009

The longer a broker asks for, the more they believe it's priced too high and they will need to beat you up to reduce the price. Remember what Barbara Corcoran said about taking exclusives on overpriced units: just make sure the exclusive is long enough so that it's still yours when they need to reduce the price.

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Response by front_porch
about 7 years ago
Posts: 5316
Member since: Mar 2008

Good possible questions: "What's your marketing plan like"? "What do *I* have to do to help you sell my apartment?" "What would you do if no one comes to the first Open Houses?"

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Response by RiddhiBman
about 7 years ago
Posts: 112
Member since: May 2015

Yes of course, it's an exclusive listing agreement, typically both have to agree to cancel.

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Response by 30yrs_RE_20_in_REO
about 7 years ago
Posts: 9877
Member since: Mar 2009

One thing you can ask for is that if the asking price drops below $X you have the right to cancel.

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Response by KeithBurkhardt
about 7 years ago
Posts: 2986
Member since: Aug 2008

30 covers it all thoroughly, as usual. We actually take it a step further, you can cancel our agreement with a simple email at any time and we do not submit a list of protected buyers. I'm just that confident about our process, and if you're no longer happy with us, I don't want you to be bound in a relationship.

Keith Burkhardt
The Burkhardt Group

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Response by savorcoffee
about 7 years ago
Posts: 4
Member since: Sep 2018

30 yrs—based on your last post in this thread, it sounds like the contract typically includes the broker having the right to keep lowering the listing price after a certain time period?

Under the contract... If you have a valid offer, are you forced to accept a good offer and sell at any point? Or do you always have the right to reject the offer/change your mind on selling?

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Response by savorcoffee
about 7 years ago
Posts: 4
Member since: Sep 2018

Also, do you guys think that it’s a good idea to get a RE lawyer beforehand and have them explain/review the seller’s broker contract?

Keith—I’ve spoken to you before during the buying process. Was intending to use you guys but a broker I had briefly worked with before had a listing she showed me and I went with her. Next time I buy I will definitely consider going with you guys. The selling process seems more involved and complicated so I may need a bit more hand holding.

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