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Do I have to replace my roof? Which listing agent gets the commission?
Ask George & Chuck

Do I have to replace my roof? Which listing agent gets the commission?

George Stephens, CRB, and Charles J. "Chuck" Jacobus, JD | Advice columnists

Jun. 19, 2012

Dear George: We sold our home and are scheduled to close this month. The buyer had an inspection done, and we’ve repaired everything we agreed to repair. Now the buyer wants to have the roof replaced because she has seen other people in the neighborhood replacing their roofs. She wants us to file a claim against our insurance company, and she will pay the deductible. We feel the roof is fine, and it passed the inspector’s scrutiny. What should we do?

Answer: There is no valid reason to replace your roof. We assume it was the buyer’s inspector who’s already given your existing roof a favorable report. Therefore, we don’t think you should contact your insurance company or have your roof replaced.

Dear George: I listed my home with a Texas REALTOR®. She showed the home to a couple who was interested, but the listing contract expired before they submitted an offer. I listed my home with another REALTOR®. Within the protection period of the first listing agreement, the indecisive couple decided to buy the home. But the new REALTOR® says I have to pay her a commission. I don’t care who gets the commission; I just want to sell my house. Who is right?

Answer: The second REALTOR®, the one with the current listing is correct. Although the second REALTOR® listed your property within the protection period set out by the first REALTOR®, that second REALTOR®’s listing essentially cuts off the first REALTOR®’s protection period.

E-mail a question to ask George & Chuck or fax it to 713-978-6684. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.

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