I'm not touching this with a 10-foot pole... first of all, don't know how the laws work in your state both in terms of listing contracts and real estate contracts. One thing to keep in mind is that her agreement to pay you a commission is separate from her contract with the buyer. Your commission is a separate contract with her. What you need to think about is how far you'll go to collect your commission, which may mean suing her... are you prepared to do that? And will the cost of a law suit be more than the commission?

...this is a former client?? So much for valuing your services...

Forget the buyer, because in this case they are a "nobody".  They have a contract with the seller and can't dictate what should happen in the contract between you and the seller. Besides, she can't raise the price on the buyer.

Hire an attorney to do what? pay them a retainer fee to do something that you already know the answer to?

Trust me on this...the buyer will not back out of the contract, because the deal is too sweet for them.

So what if she is making less than you??  It is not like she has to dig in her pocket to close the deal, she just wants more money...

She is a dirt bag.  First she tries to screw you out of a commission and now she wants to steal the purchase contract back from the buyer so that she can renege on her deal with them.

Don't help her be dishonest and greedy!  Figure out what you must have out of the deal and then hold her feet to the fire. 

Eve

I'm sorry, I've read this twice and as written it's unclear the problem, since it seems you say she wants out but the buyer will sue her and you close with the buyer wants to back out? The way this reads, both parties want out and your problem is solved if they do.

Otherwise it's attorney time since the seller is under contract with you and the seller accepted an offer with you representing her; the seller owes you a commission. You may reduce your commission if it's a relationship worth preserving, but it's not yours to lose since the seller accepted an offer knowing full well the math.

I can't fathom this situation occurring though...it seems you may not have properly educated the seller for the seller to do this to you.

Yep, refer this to the real estate attorney. It sounds like seller is obligated to 2 contracts.  The question is whether she can get out of either one of them.   If it's an investor it may be harder to get out of that contract and even moreso if they started to do work.  If it's a normal person, there could be a way out during inspection process/negotiation.

It does seem that whether the buyer wants to pay or not pay your commission is irrelevant.  The buyer offered a price and that's what they are seller are obligated to.  And, seller is also obligated to you to pay your commission...but as others have mentioned, you may need to sue to get that money.

Karen,

Oh what a tangled web we weave when we seek to deceivee, and I agree with Nina Hollander wholeheartedly.  A

Sounds like a real hot situation.  I was just in the same situation where the seller decided they did not want to sell.  They came back on board so far but it has not closed yet.  Look at your state rules to see if she is obligated to pay you since you did your part by bringing her a buyer.  She still may be obligated to pay you whether it closes or not.  But it is up to you to enforce it.  Legal advice is usually the best route.

The buyer however has to enforce his deal with her by filing suit in our state.

Nina Hollander nailed this one!

This is a question for your broker and for those who are in reale state school who ask questions about what to look for in a broker, this is one of the scenarios where you need a good broker.

Is she having an inspection ?  Lots of reasons that may mean withdrawing he offer.  

Bring this to a real estate Attorney, let the Attorney handle this !! Hook up with a good one if you have not already. To keep things going smoother, my personal Attorney is also a very good real estate Attorney.

What Nina Hollander said.

What? She signed the listing and then signed a sales contract that you knew nothing about?  Talk to your broker!

How did she receive an offer without it coming through you?  That's the missing piece for me. -Kasey

I was just going to respond...no way this can or should be answered by anyone other than your broker and I scrolled and saw that Nina Hollander has already said it and I concur.  Best of luck.  Sorry this happened to you.

People need to understand and live up to the agreements that they sign.

Hi Karen,
If you are not the agency Designated Broker, it isn't your call.  It is the agency listing, not yours so it is their decision.  That said if it were me I would probably negotiate down the commission to cover time and expenses and move on.  

Where do you find these people ?

Two very shady moves on your client's part - she knew exactly what she was doing! As Mike & Eve Alexander said, hold her feet to the fire! 

Wow! This is a hot mess..real estae attorney time for sure..get a good one.

"she is getting a property thru probate" if probate is still ongoing you may have nothing. If she is not yet the owner she might not have the authority to sign the listing agreement and/or the purchase agreement.

If you are not the broker of record I would begin by talking to them.

"she is getting a property thru probate"? Does that nean she is not yet the legal owner of the property?

follow Eve's advice and then send her a fee....

Not knowing the laws in your state I concur with the others who have written a comment.  Call an attorney.

Thanks for sharing this experience.

Like Nina, would not touch this, talk with your broker on this! 

This whole matter needs to be reviewed by an Attorney and your Broker.  The offer needs to be legal and binding.  Your commission is secondary and to be handled after the review and if legal and binding the close of escrow.

Your broker needs to get involved with this one.  You should be paid by the seller who screwed herself by accepting a contract without having you involved.  Hire a real estate attorney and get your commission.

Karen Jones Lewis, MBA, Realtor - I guess, it is the attorney time! Complicated - and you want to be paid for sure.

It depends on what your contract says, but you should talk to your broker or a real estate attorney.

Good luck.

I think it's best to contact a lawyer here.  I don't really understand the question, it sells buyer were I think you mean seller in places.

I d would get some good advice

Karen Jones Lewis, MBA, Realtor Refer to your listing agreement. An Exclusive Right to Sell contract usually specifies whether you sell the property or the seller sells it directly which I believe is this case. The next step is up to your Broker to legally enforce the agreement.

Getting a property through probate means to me that the transfer to her ownership is not complete. That said, I do not believe the authority to list it with you can be valid. Wishing you the best of luck in this scenario.

I don't understand how a buyer thinks they are paying you when you a seller that listed with you, and the compensation is included in that deal.  

I'm completely with Nina Hollander on this - what is your reputation worth?

I have to say get a attorney involve at this point.

Karen,

Talk to your broker. It is his potential loss.

I never rushing signing a contract and do find people change their mind. I may get upset but do not have to sue someone and sleep better.  I try to be busy working harder on next sale and do not look back.

All the best.

that is in our purchase contract so we always get paid

Who wants out of the contract, the seller? Attorney time! Sounds like you need one to!

Consult with an attorney.  I'm not going to play lawyer here ... or anywhere. 

Simple math solves this problem. Its called play to pay. The only way out of this is to humbly negotiate or learn the hard way. Real Estate is for the real

Thanks for ActiveRain community you have received several well-written answers.  Please write a post after this dilemma is resolved.  Best of luck.

It all depends on the contingencies and contract terms.

If the seller signed a listing agreement with the listing agent, then if the home sells they owe the money. If the seller is in a contract with the buyer, then breaking the contract can lead to a suit. Then, why is the buyer doing anything in the house before they own it? Did they have permission? How did they get in? Did the seller know? This is a case for a lawyer

Is the seller over 18 and did she understand what she was signing at the time of the listing? The listing agreement stands. Let the chips fall.

Easy. Letter from your brokerage's lawyer to the seller asserting she owes the commission. Ask your lawyer if he/she can file something in the courthouse that will cloud the title with your claim to be paid.