Seller chose to start with another broker who listed the listing that is still under contract with me for 13 more days as his exclusive.
My contract says that the agreement shall be in full force and effect 90 days from the date the agreement was signed. I know have 13 days remaining on the agreement and the seller sent an email on 6/1 stating that the agreement is now termed effective 5/31(The day before).
Please let me know if this is legal.
Broker laws vary state to state so you may want to confer with a New York attorney, but generally, the seller who has an exclusive listing agreement with you and who signs another listing agreement with another broker, could potentially find himself (the seller) owning commissions to both brokers. If a ready, willing and able buyer came to the plate during the time both broker agreements are current, the seller would be in a very precarious position, possibly being liable for full commissions to each broker.
Its a breach of contract, however, since your agreement was only 90 days, how are you damaged by the early termination? You would only be damaged if the client entered into a contract of sale prior to the 90 days or entered into a contract of sale after the 90 days with a party you introduced.
You would need to review the agreement in detail. But it seems that there is a breach of the agreement but the contract may say that you are allowed to terminate the agreement. Hire an attorney to protect your rights.
Did the 2nd broker find a buyer during those 13 days of your listing period? If so, you may have a case.
I'm 3 "most helpful" answers away from a free toaster! I may be guessing or not licensed in your state so don't rely upon anything I say. No attorney/client relationship exists. Who reads these disclaimers anyway? If you're reading this, let me know because I'm curious. Did you know that a watched pot never boils and that a stitch in time saves nine? Or that a rolling stone gathers no moss? Honestly, I am surprised that you are still reading this disclaimer. Personally, I normally don’t pay much attention to these things. I am impressed and commend you for taking the time. I never actually anticipated anyone would ever get this far into my disclaimer and I only wish I had something more meaningful to say. Thank you for bearing with me and for sticking it out to the end.
Under NY Laws, the Exclusive Agency Agreement means if the agent finds a buyer within the time period of the agreement who is ready, willing and able to pay the property, or even if another agent finds the buyer, the seller must pay the agent the agreed-upon fee. The seller may, however, find a buyer and not the pay a fee.
So, if other agent found a buyer who is ready, willing and able to pay the property within this 13-day period, then seller should also pay you the brokerage fees.
Any answers posted on this website are for informational purposes only, not as legal advice as to a specific situation, and do not create an attorney-client relationship. www.caglarlaw.com
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline