If I fire my listing agent, can the old brokerage still claim a commission?
Terminating a listing agreement early does not automatically end your commission obligations. Most Ontario listing agreements with brokerages registered under REBBA contain a holdover clause that survives the listing period. If your home sells — whether through a new agent or privately — to a buyer who was introduced to the property while the original listing was active, the original brokerage may have a valid commission claim.
The scope and duration of that holdover obligation depend on the specific terms of your listing agreement. Holdover periods commonly range from thirty to ninety days after the listing terminates. If you relist with another brokerage that earns a commission from a different buyer, most agreements limit or eliminate the original brokerage's claim on that transaction.
Before signing any listing agreement, read the holdover provisions and ask what circumstances would trigger a claim after termination. If a dispute arises, RECO (the Real Estate Council of Ontario) has a complaint process, and you may have grounds for mediation. Any significant commission dispute warrants a consultation with a real estate lawyer.
Key takeaways
- Terminating a listing early does not automatically end commission obligations
- Holdover clauses can give the original brokerage a claim if a registered buyer purchases later
- The scope and duration of the holdover depend on your specific listing agreement
- Consult a real estate lawyer before terminating a listing or disputing a commission