It Takes Two to Negotiate
It is common in exclusive real estate listing contracts for agents to include provisions regarding "Protected Buyers." Included in many standard Wisconsin listing contracts is a clause that a "Protected Buyer" includes a potential buyer who "negotiates directly with Seller by discussing the potential terms upon which the buyer might acquire an interest in the Property." Subject to various other provisions, an agent is entitled to a commision on a sale to a Protected Buyer even if the listing contract has expired. A recent Appellate Court held that based upon the particular facts of that case, the buyer was a Protected Buyer and the agent deserved the commission because there was "two way" communication between the buyer and seller on certain aspects of the transaction (i.e. the negotiated). However, in the opinion, the court noted that merely advertising a house on-line or the fact that a potential buyer solicited certain information from Seller (without more) does not necessarily mean there was a "negotiation" between Seller and Buyer. See http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=64865
