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It should have been spelled out in the agreement and explained to you before you signed the agreement. Sometimes commissions are less but an agent has a duty to show all listings. This should not have been brought up days before the closing. I am sorry you are having to go through this. It gives our Profession a bad name. If it was not explained to you when you were signing the agreement and not stated in the agreement, you should not have to pay that.
if there is not buyer agent agreement spelling out that you will pay the difference in the commission then that agent has no legal right to a commission. that is unethical to spring this up to you at the last minute.in todays tuff market , he is lucky he is getting 2.5 . most sellers are not paying the traditional 6% commission which is usually split 50 /50.do not pay it. he shoul have told you upfront.
If you signed a buyer's agency agreement with your buyer's agent it should state what his/her minimum commission to work with him/her will be. It would say something to the effect that if compensation is provided by seller or the listing company that he/she will accept that compensation. However the agent would not be obligated to show properties to Buyer if the compensation offered is not acceptable. When offered compensation is less than REALTOR's minimum (there would be a blank filled in which the agent's/REALTOR's minimum commission), Buyer will pay the difference. Compensation is due and payable at closing.So if you have signed a document placing you in a buyer's agency agreement with your agent see if this clause is included, or something similar to it, if so then you are obligated to pay the additional commission fee, but if not then you may contest it.Just like everything done in a transaction it must be in writing and agreed upon by all parties involved in that transaction. In a Buyer's Agency Agreement you and the agent must agree to the terms in the agreement by signing off on them.The key, check your buyer's agency agreement becasue if it has that clause it doesn't matter what may seem to be the common commission you have to agreed to pay more.
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