Offer on expired listing

[Ryan Lamanna]

If you're a real estate broker/attorney and have thoughts/experience in this area, I welcome your opinion. I showed a client a property that was listed on the MLS. It expired. My client now wants to make an offer on this property. I contacted the owners to ensure that they still want to sell, and they do. The listing brokerage has an active commission protection clause in the listing agreement, which guarantees the listing brokerage a commission. How would you proceed in making an offer on this property and ensure that the cooperating brokerage gets paid?

[Nathan Gesner]

Most listing agents will have a clause to protect them in these situations, but only for a limited amount of time.

If a buyer views the home while it is listed and then makes an offer within XX days after expiration of the listing, the original listing agent is still owed the commission. Why? Because they were the ones listing it when the buyer found the property.

My contracts usually have a 90-day period, meaning buyers can't cut me out until after the listing has expired for 90 days.