Legal Question in Real Estate Law in Massachusetts

Real Estate

Can you avoid paying a real estate buyer's broker fee if the interested parties first came to see the house without a broker?


Asked on 11/22/08, 2:25 pm

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Real Estate

Usually the broker agreement takes this contingency into account. Have the agreement reviewed.

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Answered on 11/22/08, 7:59 pm

Re: Real Estate

If an offer is made through a broker, the broker cannot disallowed his or her fee. However, if it is a Buyer's broker and you are a private Seller, who pays the broker and his or her fee is negotiable. If you listed on MLS, it makes no difference. You are to pay the listed brokerage fee.

Assuming a private sale, if you got an offer of $200,000 and the Broker wants $8,000.00 you can tell the Buyer, I will take $200,000 and you pay the broker. Everything as a private seller is negotiable. In the end the deal is what you are willing to take and what they are willing to pay.

In this market however a sale, if you need to sell is better than no sale if the price is close.

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Answered on 11/22/08, 2:49 pm


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