I had a listing in Ontario, standard 90 day listing for a very aggressive seller. After every showing he would call the buyer’s agent for feedback and to basically push for an offer
I advised him to the contrary. Nevertheless, he continued to do this. The listing expired, two days after expiry a local realtor called and asked for a showing. Seller agreed to extend for a 5 day period to allow for this showing. Afterwards buyer’s agent tells me her buyers wouldn’t be making any decisions for at least two weeks.
The Seller refused to extend further. My seller contacted this agent personally and she brought him and offer behind my back and it was accepted and the house has sold. Is there anything I can do?
There is the “top-up” provision under the holdover clause.
Also, there may be an action for breach of contract in terms of your Seller and interference with a contractual relationship by the new agent. The key time period is their conversations which took place during the currency of your listing.
Under the Listing Agreement, you are the “authorized agent”. So, they can’t go behind your back. The other agent really should not have been speaking directly with your client during the Listing period.
You may have an action for your commission.
However, it’s still entirely possible that the other agent did everything “strictly by the book”.
Brian Madigan LL.B., Broker