safety clause | firsttuesday Journal

Resolving a Seller’s Dual Liability when Changing Brokers

by ft Editorial Staff | Nov 20, 2025 | Feature Articles, Real Estate, Video | 0

The final episode of our new series dramatizes the representation dilemma created for the seller when the retainer period under a new representation agreement overlaps a safety clause period in an expired representation agreement with a prior broker.

Price Paid is Different from the Seller’s Asking Price

by ft Editorial Staff | Nov 3, 2025 | Feature Articles, Real Estate, Video | 0

The fourth episode of our new series answers the critical question of what happens when a registered buyer purchases property during the safety period for less than the asking price sought under the expired representation.

Procuring Cause when the Representation Lacks a Safety Clause

by ft Editorial Staff | Oct 23, 2025 | Feature Articles, Real Estate, Video | 0

The third episode of our new series applies the procuring cause theory to an exclusive seller representation agreement which lacks a safety clause – and illustrates how a safety clause in a properly structured representation agreement is always the best practice.

Safety Clause vs. Procuring Cause

by ft Editorial Staff | Oct 8, 2025 | Feature Articles, Real Estate, Video | 0

The second episode of our new series presents a separate safety clause scenario contrasted against the procuring cause theory used to limit an earned fee to completing a transaction.

A Fee Earned After the Retainer Period Ends

by ft Editorial Staff | Sep 29, 2025 | Feature Articles, Real Estate, Video, Your Practice | 0

The first episode in our new five-part series depicts how a safety clause in an exclusive representation agreement establishes your right to a fee earned after the retainer period ends.

The safety clause for residuals from due diligence efforts

by Amy Platero | Jul 28, 2025 | Buyer Representation, Buyers and Sellers, Fundamentals, Licensing and Education, Real Estate, Your Practice | 0

Learn to appreciate a safety clause provision in exclusive representation agreements as assurance a fee is earned after expiration when your client sells or buys due to your efforts during the employment.

Letter to the Editor: What happens to buyer representation agreements and fees when an agent changes brokers?

by ft Editorial Staff | Mar 20, 2025 | Buyer Representation, Buyers and Sellers, Fundamentals, Letters to the Editor, Real Estate, Your Practice | 0

A buyer representation agreement runs with the broker, not the agent.

Form-of-the-Week: Expired listings — Forms 122, 123 and 123-1

by ft Editorial Staff | Sep 19, 2022 | Buyers and Sellers, Forms, Real Estate | 0

An agent who was the procuring cause for a sale in an expired listing uses RPI Forms 122, 123 and 123-1 to demonstrate and demand the collection of their fee.