Posted by Irwin on January 17, 1999 at 07:55:27:
You might not have a listing agreement with the Realtor, but the purchase agreement itself usually contains a separate agreement to pay the real estate commission. This may or may not satisfy the requirements of your state’s real estate board, but it still might create a legally binding agreement.
I think the simplest way to handle the problem is to call the Realtor and tell him you want the money that he owes you deducted from his commission. He might agree and there’s no problem. If he doesn’t agree, tell him that you will instruct the title company’s closing agent to pay only X dollars to him. You’re the title company’s customer, not the Realtor, and they should follow your instructions. (With or without an explanation of why.)I’m betting he’ll agree to make the call himself to avoid any embarassment. Also, it’s a painless way for him to satisfy the debt to you.