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Listing Agreement Protection Period

Licensed Real Estate Broker

Pearl City, HI

March 18, 2013

The seller asked me to withdraw a listing so that they could list with another agent, a friend of one of the owners. In our listing agreement is a "Protection Period" of 180 days, if I submitted names of the parties within 14 days of withdrawal. I submitted the names of the agents and their companies. Now the competing Broker is requiring that I give the NAMES of the buyers too. I think that is a violation of privacy to give names of the buyers. How is it handled in your area?

Licensed Real Estate Broker

Nags Head, NC

April 01, 2013

In our market we have to give the name of the person we want excluded. Only name, no additional informaiont. Hope this helps.

Rosemarie Doshier 252-305-3996 rosemarie@thedoshierteam.com

Licensed Real Estate Broker

Pleasant Hill, CA

April 01, 2013

We must give names of buyers (in CA) and that is what our contract states. You can only "claim" buyers not other agents as agents may end up with a different buyer down the road.

Licensed Real Estate Agent

Portsmouth, NH

April 01, 2013

You might read that listing agreement you have very thoroughly.

I'm licensed in two states and in both of them the standard listing agreement says that at the end of that listing period there is a "carry over" period where you can submit names and be protected but both of ours goes on to say that carry over period is void if the property is listed with another agent.

That prevents the sellers from the potential of being liable for two commissions.

It also only applies to buyers we 'introduced' the house to and you must give their names.

YMMV

Licensed Real Estate Agent

Tremonton, UT

April 02, 2013

Although all states have different verbiage in listing contracts I am rather certain that your exclusions include only buyers who have already viewed the property. I use this clause also to advise sellers that if we already have a buyer under contract on their house we are still owed the commission through the hold over period.

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