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What happens if I switch realtors mid contract?

Patchogue, NY |
Filed under: Real estate

In contract for sale of my home, listing has expired. Can I get a new realtor and keep the buyer?

Attorney Answers 4


  1. Probably not. Seeing as you are already in contract, the broker can technically argue that they have already earned their fee.

    A broker's objective is to sell the house - it seems as though you are on your way to accomplishing that goals, so notwithstanding any personal or other professional issues you are having it may be best to let the deal finish up. If you don't like or appreciate the work, simply don't refer the broker clients in the future.

    Good luck.

    The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an attorney licensed in your jurisdiction for competent legal advice. No attorney-client relationship has been formed through the within legal question and answer session.


  2. Short answer is no. You would be bound by the terms of both your contract for sale and the listing agreement. Read the fine print. If you had no pending contract, and the listing had expired, you should be free to switch.


  3. No. If the realtor brought you the buyer, her fee was probably earned . in fact, if you chose not to close with that buyer, now that you are in contract, the realtor could probably sue you for her commission.

    Why are you asking this question?

    My answer is for general purposes only and is not not intended to establish an attorney-client relationship, nor is it advice upon which you should act or rely. But, if you really want me to tell you something upon which you can actually rely: don't eat yellow snow.


  4. If the broker found the buyer while the listing was still valid, then you are liable for the commission, even if you have not closed on the sale after the listing expired. Why would you want another realtor to earn a fee instead of the one who found you the buyer?

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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