Can you re-negotiate the buyer’s agent fee if the deal hasn’t closed per the contract?

It states closing on or before 04-01, which it didn’t due to lender not getting closing documents to title company. Looks like it may close on the 3rd or 4th. The agent has sent us an amendment with closing extended to 04-04. We have not signed it yet. Per our contract we agreed to pay the buyer’s agent realtor a fee but she has gotten very snappy with me and pushy. I feel that she hasn’t earned the $8,000 fee and was wondering if we could re-negotiate it to a set fee of $5,000, which would be fair.

Asked on April 1, 2019 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You have no legal grounds to not pay the agreed-upon fee: that she is "very snappy and pushy" is certainly reason to not use her again or not recommend her but is not a breach of contract. In the absence of some breach by her, you are bound to pay her the fee you agreed to pay. You can try to renegotiate, and maybe she will voluntarily accept a reduction, but she does not have to; she can hold you to the full fee.

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