Q: Have realtor as listing agent, refused to do open house. We did ourselves. 2 buyers/offers have come through.
Are we responsible to pay a "buying Agent" commission? The buyers are not represented by agent and drawing up contracts with lawyers.
A: Your real estate contract will control whether you have to pay a commission. I suggest that you talk with an attorney and have the attorney review your real estate contract and then advise you on how to proceed.
A:
Since you have a listing agent you are obligated to pay the listing agent a commission as set forth in the Exclusive Listing Agreement you signed. If no real estate agent brought in the buyer, then the amount of the commission to your broker is set forth in the Exclusive Listing Agreement. If there is a buyer agent, then again, see the agreement.
Just because you did the open house yourself does not excuse you from the obligation to pay the commission. If your uncle came by and decided to buy it - same result. You contracted to pay the commission.
There are a few exceptions to this rule of contract, notably if the broker breached the listing agreement. But that is a matter that is too complicated to discuss in this response.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
