Expert, localized Los Angeles answers provided by Heather Roy

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Commission Question

  I entered escrow on a property I am selling. After months of negotiations the buyer and I are not in agreement on his final, whittled down price. We have agreed to cancel the escrow in its entirety. The question is: does this constitute "default" as far as my listing agents are concerned, thereby entitling them to their commission even though the property never sold?
 
  I haven't seen the documents involved, and I'm not sure how you could have entered escrow if you hadn't agreed on a price.  You'll have to consult your own lawyer.  The general rule is that commission is owed when a ready willing and able buyer has been produced.  No way I can judge from this distance whether you are in default.  Sorry I can't be of help.
    Edith
Originally published on July 29, 2007
 
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