This is the Consent to Contact paragraph:
Consent to Contact
“In the event that this Agreement expires or is cancelled or otherwise terminated and the Property is not sold, the Seller, by initialling:
DOES DOES NOT
consent to allow other real estate board members to contact the Seller after expiration or other termination of this Agreement to discuss listing or otherwise marketing the Property.”
Review
Set out below and marked in bold and italics are those words that are inserted by me to assist in the review. They are not set out in the clause itself. Let’s look at that paragraph in a little more detail:
Consent to Contact
In the event that this Agreement
- expires or
- is cancelled or
- otherwise terminated
and the Property is not sold,
the Seller, by initialling:
DOES DOES NOT
consent to allow
other real estate board members to contact the Seller
after expiration or other termination of this Agreement to discuss listing or otherwise marketing the Property.
COMMENT
At the outset, you should know that there was no actual paragraph entitled “Consent to Contact”. I just made that up, so you would be better able to follow this discussion.
The paragraph is contained in a box, between paragraphs 11 and 12.
Generally, it’s designed to discourage any other potential Listing agents from contacting the prospective Seller, if there is no sale of the property. However, those who are planning to contact the Seller will do so anyways, and if they are somewhat discouraged by the “does not” election will find some sort of an “end run” to contact the Seller.
While the premise was 1) expiration, 2) cancellation and 3) termination, the actual initials were only activated for expiration and termination. Cancellation for some reason was simply omitted.
Brian Madigan LL.B., Broker