Brokers rights to commission

[Kyle Frieze]

I have a broker who I listed with and who was informed via voice mail that there was a party excluded from the contract. Subsequently, the excluded party accepted my counter offer through my previous listing agent and a contract for sale was signed. The new broker is demanding commission on the sale. Will I legally have to pay two commissions? This is occurring in North Dakota.

What do I do, prior to the closing to resolve this issue?

 

[HomeGuru]

Legally you owe commissions to each agent. The old one based on procurring cause and the new one based on the listing contract. The exclusion should have been written in on the listing agreement. I suggest you talk to an attorney and have him/her negotiate a lower fee for both.