Jems.....Hi

Under the circumstances, I can't imagine that your agent won't work out something fair with you. I know I would. I had a similar thing happen. I only had the home listed for a coupe of weeks. I agreed to release the seller - and he agreed to reimburse me for my out-of-pocket expenses up to that point. It was fair all around. He has since referred 2 clients to me.

Your other option, as Jefferson suggested......is that you can withdraw the house from the market, wait it out till the listing period is over, and then sell it to your brother.

Look - these things happen...................I could never, in good faith, try to force a seller to pay me a full commission under these circumstances.

Good luck!
Hope your brother is paying you a great price! haha

Debbie Rose
Prudential NJ Properties

A different viewpoint. Family comes first - period. In this case, it's "just too bad" that your agent and his/her broker will get cut out of the deal but that's life. Don't be pressured into any guilt trip about taking care of you and yours. Business is business but family is forever.

Just kill your listing. If you are asked why, just say that your situation has changed. You don't really need to provide anyone with your reasons - it's your house.

Then you need to wait the X days required (it's on your selling contract - and easy to find), before you can sell it without paying your broker/agent. It's probably 3 months but could be longer. Then sell it directly to your brother.

Jems
Just curious, how would you feel if you were the Realtor?

Also, you haven't agreed on price, terms, etc. How would you feel if you opened escrow with your brother, and he backed out, or turned out not be able to obtain financing, or wanted such a good "deal" that the price would be below what it's worth?

There are actually good reasons to have a third party professional to help negotiate. I've read many posts about "I've found the buyer"...we never hear back if the buyer was qualified, maybe their home didn't sell if they needed to sell theirs first, etc.

Talk with the Realtor, go in with eyes wide open.

Technical answer, if an Exclusive Right to Sell listing contract is in place, is that your listing agent will receive compensation. The listing contract requires that any and all Buyers procured by Seller will be forwarded to the listing agent so that they can facilitate the sale, on your behalf. A more practical response would be to have a conversation with your agent.

This would depend on your listing agreement with your agent “exclusive right to sell" your property does not mean that there will not be other agents involved. Your agent is the listing agent and the most important part of his or her job is to market your home to other agents who work with buyers. Regardless of who sells the home, even if you sell it yourself to a friend at work, relative etc. your listing agent will earn a commission.
An "exclusive agency" listing allows an agent to list and market your home, guaranteeing them a commission if the house sells through any real estate agent or company. It also allows sellers to seek out buyers on their own. If the seller finds the buyer then no commission is due
This is not a popular type of listing agreement.

Since you've found your own buyer, and especially since it turns out to be a family member... I would approach your listing agent, and see if they'll, agree to a reduced fee.

I'll bet they will.

Depending on the type of Listing Agreement you signed with your agent, you could ask your agent to give you a break on the contract commission and see what they say.