2

enter image description here

This is a Georgia association of realtors Form 201, "exclusive seller listing agreement". I have cropped the part about commission. My question is part c. at the very bottom of the attached image.

Survival: The commission rights of Broker and the commission obligations of Seller set forth herein shall survive termination or expiration of this Agreement.

This Survival clause sounds like its indefinite. So how does this make sense when there is a defined period for this realtor agreement? What does it even mean? Thanks.

1

§7 on the Protected Period says

Notwithstanding the above, no listing commission shall be paid to Broker if this Agreement has either expired or been terminated upon the mutual, written consent of Broker and Seller and the Property is sold or contracted to be sold to a prospective buyer by or through another licensed broker with whom Seller has signed an exclusive right to sell listing agreement.

If you owe the Broker a commission, you owe it even if the agreement has expired, for example if the agreement expires before the closing, which is what the survival clause says (the end of the agreement does not mean the end of the broker's right to a commission, or the seller's obligation to pay). By putting this clause in, they explicitly say what common sense tells you – when you owe for a service, you have to pay even if the paying comes after the end of the agreement So their rights are indeed indefinite, but if the agreement expires and is not renewed, they do not gain a right to a commission. §7 is the agreement-expiration escape clause.

| improve this answer | |
  • So why the need for this Survival clause? – user122415 Nov 27 '19 at 1:41
  • Because people are not always sensible or honest, and the law is not always sensible. – Nij Nov 27 '19 at 3:10

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.