Legal Question in Real Estate Law in Texas

Agent's commission

Under exactly what circumstances must comission be paid to an agent. First, a neighbor agreed to buy our home before it was listed, but after we signed a contract with the agent (so the agent did nothing to procure the buyer).

Next, our agent showed us houses, but we have decided to build new. The agent did not show us this builder, model, or subdivision. Are they entitled to a %? We are under contract with the realtor and signed the agreement to purchase the home during this time. The house should close after the contract expires, but within the 90 day protection period.


Asked on 4/23/08, 11:51 pm

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Agent's commission

Unless you specifically excluded your neighbor from the listing contract as a potential buyer, you would be bound to pay at least the listing commission. (Not the sales commission.)

On the new house, unless you signed a buyer-broker agreement, you should not be obligated to pay commission. However, if they spent time and energy showing you around, a nice gift or gift card is always appreciated.

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Answered on 4/24/08, 11:47 am


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