Legal Question in Real Estate Law in New Hampshire

Re: sellers agent working against seller

It is impossible to answer your question without an examination of the contract you signed and a review of the particular facts and acts taken, or not taken, by your broker. Generally, a broker is entitled to a commission when the transaction is completed. If the broker truly breached his/her duty, then you may wish to file a complaint with the company or with the State board which licenses brokers. These are technical cases and you should hire an attorney to advise you in greater detail.

Re: sellers agent working against seller

Selling a home is one of the most significant financial transactions the average person will have. Does it really make sense to solely rely upon a real estate agent for advice? This is why we recommend always having an attorney involved, whether buying or selling.

From your question, I would assume that you have already listed your home with the broker pursuant to a signed agreement, and that you may also have signed a Purchase & Sale Agreement. You are bound by those agreements, just as the other party is also bound. If the P&S is not yet signed, or if the broker or buyer wants you to agree to a modification of the agreement, you should have an attorney review any major modifications for their impact upon you.

As Atty. Dorner responded, these scenarios are very fact specific. Generally, you will owe the commission except under very limited circumstances. Your broker, and the buyers agent, are trying to make the deal happen. You haven't explained how you think the agent breached his or her agreement (and you probably shouldn't on a public forum), so it is difficult to know whether there has been a material breach of the agreement.

Please feel free to contact my office if you may be interested in hiring an attorney.