Question about the Purchase and Sale agreement

[Lorelei Hilz]

I have a seller that wants to sign up with me but he signed the Purchase and Sale agreement with his original realtor and he wants out of the agreement with her. Can he still sign with me even though he signed with her? How does that work? :roll:

[Jon Holdman]

So, it does sound like you're referring to the listing agreement. If he's been in it for a year, then he has good cause to want to drop the listing agent. That's a discussion the seller needs to have with the listing agent.

That said, was the listing agent in any way involved with you finding the property? Sign? MLS? Something else? If so, then the agent really is entitled to their commission. If you had your license, then you would be the buyer's agent, and entitled to a split of the commission. I assume you don't, and that's where wholesaling gets tricky. The listing agent is probably banned by TX law and TREC rules from giving you a split of the commission. Its going to be up to the seller to negotiate with the agent to drop the listing.