It would be my recommendation to use a realtor, even with ..perhaps ESPECIALLy with a FSBO. Your realtor is not just a tour guide, but trained and experienced in the executiion of legal and binding contracts. As Your realtor, he/she will be looking out for YOUR best interests, security, and avoid any of the pitfalls of fraud, negligence, that DO occur. and run a comparitive analysis for you, work thru the inspection negotiations and more. let alone the handling of earnest money, escrow, lending, etc.
Now then, secondarily this agent can write the offer, with the commission to be paid BY THE SELLER!!, if the seller gets the idea you will not proceed without representation, paid by the seller,...they often will pay for an agent to represent you and assist in getting the sale closed properly.
Many many fsbo sellers offer agent compensation. I certainly do not recommend doing it without one.
The question is, do you feel your agent provided value during the period of time you worked with them?
Your agreement references an "MLS fee %"..........but that doesn't address whether a fee is due if you buy a fsbo, when no MLS fee is involved. Is there more to the agreement that you didn't share, that clarifies your current position?
Typically the exclusive buyer agency agreement has a fee in it usually 3% of the sales price "purchase price". Is that not in there? They just wrote in MLS fee? This is kind of a sticky area because you are contracted to work with that agent only and buy from them. The seller of the private sale can pay the fee of 3% or they can try to negotiate it to a different fee, if that is the case then you need to get in writing from the agent you have contracted with that they accept that and nothing further. You really need to consult with your Realtor or a competent attorney, there are many questions that could be asked here.
What is the term of the agreement there must be a start and end date and even more...my best advise is talk to your agent and see if they can work something out with the owner of the private sale, or consult with an attorney about the contract between you and the agent.
Best of luck and best regards