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Home > Law > Real Estate Law   »   Non-Compete agreement in Rental Listing agreement

 
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Old Aug 30, 2008, 02:55 PM
Chappy123
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Non-Compete agreement in Rental Listing agreement

I signed a rental listing agreement with a Realtor in Delaware. The agreement contained what is a non-compete clause. That clause says: For a period of two years all tenants originating through the efforts of the Realtor are the property of the Realtor. And in subsequent years if a tenant contacts the owner directly or vice versa the normal commission will be due the Realtor. The lease was signed by one person as the tenant; and that tenant has been signing the lease for at least the last 3 years. The lease says the maximum occupancy is 10 persons.

My question is can one of the occupants (not the tenant who signed the lease) approach the owner to rent the house, or will this violate the non-compete clause? In other words, is an occupant of a group house in some way a tenant even though they did not sign anything? Alternatively, can either the tenant on the lease or an occupant rent the house through another Realtor without violating the non-compete clause?

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