Q: Last March, I entered into an exclusive right of sale listing agreement with a seller. I used one of the Florida Realtors Exclusive Right of Sale Listing Agreement forms. I procured a buyer, and the parties went under contract on June 30 (a July 31 closing date was scheduled).
Meanwhile, my listing agreement expired July 6, and the seller declined an extension. I told the seller I would still assist him and attend the closing, but he says our agreement has expired and he no longer wants my services. Does this mean I’m no longer entitled to a commission for this transaction?
A: No. Paragraph 1 of Florida Realtors Exclusive Right of Sale Listing Agreement includes a provision that provides, in part, that “upon full execution of a contract for sale and purchase of the Property, all rights and obligations of the Agreement will automatically extend through the date of the actual closing of the sales contract.”
Since the parties in your case went under contract before your listing agreement expired, the seller remains obliged to pay your commission July 31 (or the actual date the parties close).