meskeycol, Home Buyer in Marietta, GA

If the seller doesn't show up for closing -- and the deal is "off" -- who is responsible for paying the commission to the Broker?

Asked by meskeycol, Marietta, GA Thu Oct 18, 2012

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Tom Miller, Agent, Anderson, SC
Thu Oct 18, 2012
Wow. That is tough. Are you an agent or the Buyer? Are you in Marietta or in Hanford? If the property was listed, then the listing agreement should hold the Seller responsible for the commission whether or not they close, but this is often difficult to collect without taking legal action. If the house was not listed then there should have been some other agreement, usually at Authorization to Show Unlisted Property, that was in place or the commission could have been agreed to in the Purchase Agreement. If it is FSBO and you are the Buyer, and there is a Buyer's Agreeement in place, the way it usually reads in GA is: The agents will attempt to be paid by the Seller, but if they cannot be paid by the Seller, then the Buyer could owe the Buyer's Agent a commission. Feel free to provide additional details if you like and I will try to assist further.
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The home is listed. The realtor we are using was the listing agent, but lost the listing. We are utilzing her for the purchase. As we read through the purchase and sale agreement, it seems to be somewhat in favor of the seller and broker. The seller is elderly, in a nursing home. I'm not perfectly sure that she wants to sell the house -- I think that she thinks -- she's coming back. So, if we arrive at closing and she decides not to show up -- who pays the realtors? We certainly do not want to get stuck.
Flag Fri Oct 19, 2012
Cindy Davis, Agent, San Diego, CA
Thu Oct 18, 2012
If the seller signed a commission statement agreeing to pay commission, then the seller is legally responsible. An agent can go after the seller legally.
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