Posted by James on June 16, 2001 at 22:12:23:
I have a fixer for sale. An RE agent called 2 weeks ago, said she had a very interested buyer and asked if I would work with her on a one time showing. I was unable to meet with them at the time of the showing, but I left the house unlocked and told her to show it and “we’d take it from there.”
She showed it on a Monday, submitted a ridiculously low offer on Friday (with a hefty 4% commission for herself!), and called Saturday for a response. I told her to come back with a higher offer. I never heard from her again.
Tonight, (one week later) I got an email from the buyer, asking for a counter offer. I called him, and asked if his agent had relayed my message. He repeated the exact info I told her, so she did communicate my terms, but here’s the newsflash:
He still wants the house, but no longer feels he needs the agent involved and doesn’t want to pay her a commission. My bottom line (net) is also his max – there’s really no room for either of us to budge on the price. Neither of us signed a contract with the agent, and I never agreed to any amount of commission or finder’s fee with her.
If I sign a contract with this buyer, will she have grounds to sue either of us? What should I do? If I contact her and ask her to submit another offer with this buyer, she’ll include a commission that breaks the deal.
Any relevant advice would really help me sleep.
Thanks, --J