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    scrapart's Avatar
    scrapart Posts: 1, Reputation: 1
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    #1

    Jun 28, 2010, 06:43 PM
    Sellers responsibility for agents commission
    We were working through relocation company.We signed 90 days contract
    But terminated in 60 days with approval from relocation company because we lost deal due to agents in active approach. Now we are about to sign contract with another agent. But one buyer from previous agents list showing interest to buy. Can we sell house appointing buyers agent to make paper work for both sellers & buyers and pay 5% commission ?
    Are we legally liable to pay 3% commission to previous agent because this buyer had put offer previously through this agent ?
    On our termination agreement we did not sign any clause.
    Relocation company is allowing us to choose our own agent to sell home.
    The commission will be reimbursed to us partially by relocation company
    Which is taxable. Any help is appreciated for quick sell.Thanks.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jun 28, 2010, 07:07 PM
    Quote Originally Posted by scrapart View Post
    ...Can we sell house appointing buyers agent to make paper work for both sellers & buyers and pay 5% commission ?
    I don't see why not.

    Quote Originally Posted by scrapart View Post
    ...Are we legally liable to pay 3% commission to previous agent because this buyer had put offer previously through this agent ?
    Probably. To be sure, it would be best to consult a real estate attorney in your jurisdiction.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jun 28, 2010, 07:26 PM

    In my state, yes, if a buyer who made a offer though one agent within a certain time frame comes back to buy it, though another agent, you will owe that original agent and broker their commission.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Jun 29, 2010, 07:06 AM
    Quote Originally Posted by scrapart View Post
    Are we legally liable to pay 3% commission to previous agent because this buyer had put offer previously through this agent ?
    Hello s:

    Assuming your agreement with him called for a 3% commission. If you're adjusting it for some reason, then no. You must pay him what the contract said he'd get if he brought you a buyer, which he did.

    excon

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