If a standard real estate listing agreement remains silent (contains no language) with respect to whether or not a commission is due and payable to the listing broker in the event of the homeowner finding his own buyer by himself without the broker's help, would the broker still be entitled to collect a commission or would a specific clause need to be written into the agreement in order to exclude that possibility?
Most "standard" real estate listing contracts are "exclusive listing agreements" meaning that if the home sells the broker gets paid, even if you find your own buyer. The best course of action for you is to specifically spell out in the agreement that you may find your own buyer and broker gets no commission if you do. I always advise my clients to NEVER sign any contract for real estate, including a listing contract without having it reviewed by the lawyer first. You are hiring a broker because they are a profession well versed in real estate. Don't sign a contract without hiring a professional to review it first. Doing so without a lawyer review is to act at your own peril.
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Generally the listing agreement will read that the broker gats paid regardless of who sells the home. You can write the exclusion you mention into a contract if the broker is agreeable. Read the agreement.
If you are retaining the right to sell the property on your own without the broker getting a commission you need to have a specific clause in the agreement.
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Generally speaking the answer is no, the broker would not be entitled to the commission. With that said, I would have an attorney review the brokerage agreement that you signed as most listing agreements contain express provisions that specifically cover this exact subject matter. There may be language in the agreement that could snag you. In any event you will likely be exposing yourself to litigation over the commission if you don't pay the commission and the broker learns about the sale. The broker may be deemed to be the procuring cause of the sale in a court of law, and the outcome of these cases vary depending on the specific facts of each case.
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