Do clients owe commission to their former listing agent?

Question: I have a potential client who listed their home previously with another agent at a different brokerage. That agent hasn't performed and the client wants to cancel. What obligation do they have to pay commission to that agent if they decide to list with me instead?

Answer: It depends on the type of listing agreement used as well as the terms of the listing agreement and the Cancellation of Listing (COL.) The current listing agent should agree to a COL with option 1B or 4 selected. Section 4 will make it so no commission is owed. Section 1B would make it so no commission is owed unless the home is sold to someone previously introduced to the home during the former agent's listing time.