An owner who just terminated her listing with another broker asked me to sell her property. The parties terminated her listing using the Termination of Listing Agreement (TAR 1410), and the owner agreed to pay her previous broker a fee if she sells the property to a named party within the next two months. Can I still get a commission if she sells to the named party within that time frame?

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  • An owner who just terminated her listing with another broker asked me to sell her property. The parties terminated her listing using the Termination of Listing Agreement (TAR 1410), and the owner agreed to pay her previous broker a fee if she sells the property to a named party within the next two months. Can I still get a commission if she sells to the named party within that time frame?

Yes, provided that you get the required consent from the owner. According to Standard of Practice 16-14 of the Code of Ethics, you should not knowingly obligate an owner to pay more than one commission except with the owner’s informed consent.

You can complete and attach the Named Exclusions Addendum to Listing (TAR 1402) to your listing agreement to help clarify your rights and the owner’s rights and obligations should the owner sell to the named party during the designated time period.

Source: TAR

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