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Agency PracticeAgency AgreementsSAHARD

In South Australia, an exclusive agency agreement expires. Ten days later the vendor sells to a buyer the agent introduced during the agency. The agreement has the usual clause about sales after expiry. What is the likely outcome?

Correct Answer

D) The agent may claim full commission under the post-expiry clause for buyers it introduced

Most exclusive agency agreements contain protection period clauses that entitle the agent to commission if a sale occurs within a specified timeframe after expiry to a buyer introduced during the agency period, protecting the agent's investment in marketing and buyer cultivation.

Answer Options
A
The agent has no claim, because every right under the agreement ended at expiry
B
The vendor must pay full commission to both the original and the newly appointed agent
C
The commission must be shared equally between the original agent and any new agent
D
The agent may claim full commission under the post-expiry clause for buyers it introduced

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Related Topics & Key Terms

Key Terms:

protection periodexclusive agencycommission entitlementbuyer introductionagency expiry
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