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Commercial real estate, is this legal?

Posted on 4/12/23 at 10:21 am
Posted by CFDoc
Member since Jan 2013
2249 posts
Posted on 4/12/23 at 10:21 am
I have a hypothetical situation that I’m curious if it’s legal or not.

Say there’s a commercial real estate property that I’m interested in buying. The current property owner is a real estate brokerage firm with a handful of realtors in their portfolio.

In order to buy the property from the brokerage firm, they are putting provisions in the sale that state that after I become the owner of the property, any future selling of the property that I may do has to be done through one of their agents.

So put aside the fact that I don’t want this deal because I don’t want any future decisions I make on the property be tied to that brokerage firm. But is something like this even legal? Can someone actually put a control on how I choose to sell a property that I own?
Posted by I Love Bama
Alabama
Member since Nov 2007
38423 posts
Posted on 4/12/23 at 10:23 am to
I've never heard of such a thing but really do not know the answer.

A RE lawyer could answer this off the top of his head.
Posted by UpstairsComputer
Prairieville
Member since Jan 2017
1799 posts
Posted on 4/12/23 at 11:11 am to
Legal, yeah. Enforceable? Probably not.
Posted by jfw3535
South of Bunkie
Member since Mar 2008
5445 posts
Posted on 4/12/23 at 1:26 pm to
I don't know off the top of my head, but I would think such a provision would be hard to enforce as being against public policy. In either event, tell the real estate broker/seller for GTFO with that provision b/c it's a deal killer. Talk about an overreach.
Posted by hey benji
new orleans
Member since Sep 2013
448 posts
Posted on 4/12/23 at 1:41 pm to
I don't see how that would be enforceable.

What if their broker dies and they close up shop?
Posted by jfw3535
South of Bunkie
Member since Mar 2008
5445 posts
Posted on 4/12/23 at 1:59 pm to
This is anecdotal at best, but in a real estate listserv I'm on, there was a recent discussion about a trend going around in residential real estate where brokerage companies were paying homeowners a nominal amount (a few hundred dollars) for a recordable agreement that if they sold their homes anytime over the next 40 years, they would use that brokerage exclusively in the sale.

In response to this predatory practice, there has been a uniform act drafted to prohibit such agreements and that act is in some stage of passage and becoming law in about 20 states at this time.

The point being, that if this practice isn't patently illegal and unenforceable on its face in a residential context such that 20 states feel the need to pass specific legislation to protect against it, then I question whether it would deemed illegal or unenforceable in a commercial context, where the courts are generally less protective.
Posted by b-rab2
N. Louisiana
Member since Dec 2005
12820 posts
Posted on 4/12/23 at 2:40 pm to
everything is negotiable in a sale.
Posted by j1897
Member since Nov 2011
4313 posts
Posted on 4/12/23 at 2:48 pm to
Ultimately the legality in alot of these situations is determined by how much money each party is prepared to spend on legal fees.
Posted by diat150
Louisiana
Member since Jun 2005
47262 posts
Posted on 4/12/23 at 3:49 pm to
tell them you will agree to the provision if they offer 1% fees.
Posted by CFDoc
Member since Jan 2013
2249 posts
Posted on 4/13/23 at 8:33 am to
Thanks for the responses.

I think most of y’all are right in that I can’t find any law that directly states this is illegal. However, I have a hard time believing this would hold up. It’s basically holding someone’s asset hostage.
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