Join Our Free Email List

Ask Elliott

Ask Elliott #15: Can a Seller Change Commission Terms?

A contract is written for a lease-purchase agreement, allowing for a 2.5% commission to the selling agent.

After the lease term, the Purchaser’s lender requires a “new” contract be prepared and the Purchaser’s agent does not prepare the contract as she is on vacation.

Seller’s agent prepares the contract and Seller, angered by the lack of participation of the Purchaser’s agent, AMENDS the commission due to the Purchaser’s agent down to 1%. Seller’s rationale is that this is a “new” contract and all terms can be modified.

The question is: Can a seller modify the amount the Puchaser’s Agent can be paid, if the contract needs to be rewritten? PA

To view the answer, mouse over the video player and click on the play button

My answers are general answers to general questions regarding real estate practices in New Jersey, I am not a lawyer. I suggest that you consult an attorney when appropriate.