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

Elliott will answer any questions that you may have about the laws, rules or code of ethics. He never will divulge specifics of your name or company. Some questions will be posted here. Email your questions to askelliott@caplanschool.com.

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

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