If I signed a listing agreement with an agent that did not include a sales price for the home, was this a legal binding agreement?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I signed a listing agreement with an agent that did not include a sales price for the home, was this a legal binding agreement?
We were going to hire a real estate agent. We signed a listing agreement but never came to an agreement on the sales price of the house so this was left blank. The agent provided no further services and we opted not to proceed w/listing the home. Then, 3 months later, we opted to officially list the home and hired a different agent. Now the first agent wants a portion of the 2nd agents commission if we sell our house. This the original listing agreement binding if it did not list any sales price and if the home was never officially listed and she never provided any services?
Asked on August 7, 2019 under Real Estate Law, Oregon
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
A contract is required to include essential terms. The price is an essential term. Since the price was omitted from the contract (listing agreement) with the first agent, there is no valid contract and you have a defense to enforcement of the contract. Since there isn't an enforceable contract, the first agent cannot claim a portion of the commission paid to the second agent.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.