In a Rush to Cut and Run? Learn to Love the House You're In.

A new term added to some listing agreements over the past few years is how much you will pay for the listing company to process your sale when the contract comes in. These fees can run several hundred dollars on top of the commission.

On some listing agreements, sellers agree to reimburse the agent for any out-of-pocket expenses incurred if the listing is withdrawn. On many listing agreements, sellers agree to pay commission if the property is withdrawn but sold within a specified period of time to someone who saw the property while it was listed.

Other agreements will require a homeowner to pay a commission if the property is sold within a certain period of time after the end of the listing agreement no matter who buys it, unless the property is sold using another real estate company.

In many instances, if you withdraw the listing and someone who didn't see the property while it was listed buys it, the agent would be out of luck and not entitled to any commission. Again, it depends on the terms of the listing agreement.

In general, if the seller cancels the listing to switch the property over to another agent, often there is no other fee or commission owed to the agent who originally listed the property. But this exception is spelled out in the agreement.

You must go back to your listing agreement and figure out what it says.

If it turns out that you may owe a commission to the agent, you and your lawyer should figure out what to do. This may involve a call to the agent or the agent's managing broker.

Given the current state of the real estate market, you might find that your current agent is quite willing to terminate the listing agreement early. Not all real estate agents would agree, but some might want to focus their efforts with motivated and eager sellers and wait until later to work with a seller who might not be as eager.

My husband and I recently built a new home in a planned community. We questioned how the house next to ours would be set before signing a purchase agreement. We received a plot plan with the proposed house outlined on the lot and even signed it.

That lot has recently sold, and now the builder is trying to set the house in a different direction. Had we known that, we would not have purchased this particular lot. We're curious as to how far we can take this.

It's unfortunate that the builder and you have a misunderstanding about what could occur with the lot next door. Did you and the developer sign a document that would require the home to be placed in a certain manner? Was the "plot plan" document you signed merely a document to indicate the location of your lot, or did it provide assurances about the way any future homes would be built on adjoining lots?

Speak to a real estate lawyer who can look over your contract. If a lawyer originally represented you in this transaction, ask him or her to pick up the negotiations.

This might be a case where a simple call from your lawyer to the builder, along with a copy of the signed plot plan, might be enough to jog the builder's memory and encourage him or her to do the right thing.

Ilyce R. Glink is an author and nationally syndicated columnist. Her latest book is "100 Questions Every First-Time Home Buyer Should Ask." Samuel J. Tamkin is a real estate lawyer in Chicago. If you have questions for them, write Real Estate Matters Syndicate, P.O. Box 366, Glencoe, Ill. 60022, or contact them through Glink's Web sites, http://www.thinkglink.comandhttp://www.expertrealestatetips.net.

© 2008 Ilyce R. Glink and Samuel J. Tamkin

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