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Can I avoid Real Estate commission when I am not officially represent yet but after signing a contract?


Hey there. I signed a contract with a Real Estate agent stating that I would give him commission upon sales, etc. etc. You know the deal. Well, the bi-laws in the community co-op I live in(which is in Dupage County Illinois) state that within the first 28 days I am not officially represented by my agent, and that they can only represent me "as a friend." Well, I received an offer which I would like to accept, but it's still within the 28 days where my co-op organization represents me, and the conflict caused by this is that even though my Real Estate agent has done nothing for me he says he needs full commission because I've signed a contract and he says my organization doesn't know what they're talking about because 'the law is on his side.' Is this true, or is my Real Estate agent trying to rape me out of my $10,000+? Please give me any advice on how to get around paying for this travesty because otherwise I will be getting absolutely screwed to the maximum and I don't deserve it.

You're probably going to lose this one, though more facts about the nature of the contract are going to be necessary.

If the agent was in any way instrumental in getting the offer, including advertising, you are contractually obligated to pay him. Depending on the way the contract is written, you're probably precluded from attempting to sell the property without your agent's help, so even if someone who had never seen your agent or anything done by your agent made you an offer out of the blue, you would need to refer that person to your agent.

The provision in your bi-laws basically means that if you sign a contract with a real-estate agent and the agent does *nothing* for 28-days, you're off the hook. As it hasn't been 28 days yet, and I'd be surprised if the agent hasn't done *anything* yet, there isn't going to be any way you can avoid this.

You may attempt to fire your agent, but you're going to need to closely consult the actual contract you've signed, preferably with the help of a licensed attorney.

contact ur lawyer dud

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