If you are the seller, you can only be made to pay a comission if you had agreed to do so in writing. The assumption is that the buyer brought the agent and agreed to pay the commissioin. In that case, both of you could have agreed to raise the price over what you had agreed to enough to pay the agent. in essence, they are paying it by raising the loan amount and including it in their closing costs. If the agent does not have an agreement to be paid by either party, they they can't collect it.
You still may the the problem of why did the agent get involved in taking care of the paperwork in the first place. Someonw would have had to get her involved. Check the purchace contract very carefuly to see if there is a clause in there that obligates you to pay it. Under Utah Law, an agent cant put a comission agreement into the purchace contract. I have been a broker in California in the past, and I think it is the same there. INotherwords, if the agent doesn't have a written agreement with either of you outside the purchace contract they cant get paid. - Mon Jul 6 2009, 06:54