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As a REALTOR®, one of the contracts you may choose to enter into with customers and clients is the buyer agency agreement. Under this contract, you expect to be paid a commission for any services you provide to that client during the duration of the agreement. What if a client, while still engaged in an agreement with you, chose to purchase a home from a for-sale-by-owner instead?
A REALTOR® in Michigan found himself in that very situation, and chose to sue his client in an effort to collect the commission. In response to that action, the client counter-sued the REALTOR® claiming that an exlusive buyer’s agency agreement is illegal under Michigan law.
Cases like this are the reason the Michigan Association of REALTORS® (MAR) Legal Action Fund was created.
The purpose of the Fund is:
- to provide legal assistance/advice through the MAR’s legal
counsel to REALTORS® and local associations involved in, or
being threatened with, litigation that could have an adverse
impact on the entire industry;
- to promote an understanding of Michigan real estate law and its
effect upon the industry;
- to enhance the rights of private property owners, as well as
REALTOR® rights, responsibilities and professional conduct.
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