What happens when a buyer makes an offer & later brings in a realtor? Would you pay?

A buyer made an offer, we negotiated a little, I offered my attorney for the contract and escrow as they requested no realtors. (I would pay my listing agent 3% as it's my ad and buyer). Two weeks later, the buyer brings a realtor and wants me to pay. The negotiations were done. Bottom line price, no "as is", 5k towards closing. Now asking for realtor fees too. Had they brought the realtor first, I would have had them call mine for showings, info, negotiations etc. Their realtor was not told I had it listed...we discussed the events, the realtor backed out, the buyer walked. How could this have been handled differently for a win-win-win? I can only assume the buyer couldn't pay more, the deposit was 1500. with SBA loan approval, 30-45 day closing.
In Selling Property - Asked by Billie H. - Feb 20, 2011
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Steve J.
Irvine, CA

That is a tough one. It sounds to me like the buyer wanted the real estate commission themselves. Next time if someone comes to you not through a realtor, in the LOI you need to state clearly, or they need to state clearly a commission to buying broker.
You could ask your broker to give up .5% or so, depends on your relationship with them.
I dont know if this could have been salvaged without you giving up more of the sales price. Next time just make sure it is all known up front prior to negotiations on price.

Feb 24, 2011
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Kristle B.
Los Angeles, CA

I am apart of a team and we all work together. My name is Kristle Breland, and my partners are Brokers: Robert Melamed, Jackie Yashar and Aaron Leider. Combined we have over 30 years experience. Please give me a call so we can assist you in getting the best price for your property.
Realtor, Kristle Breland
DRE License # 01892057
323-424-6460 Cell
310-954-0573 Direct

Mar 29, 2011
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Chris R.
Denton, TX

As already answered - the time to get this out on the table is up front - if there is / was an LOI done - then the commissions should have been covered there. Then on to the contract and the contract would surely have covered commissions and who represented who and for what commission. An agreement / understanding / discusssion could have been had early on that your negotiations were based on no other agent / commission involved - giving them time to mention then if they did or did not have a REALTOR on their side. Hard to keep one like that alive with out the seller and/or listing agent or both giving up some $$$ to get the sale done. Sometimes it can work out - sometimes it can't

Apr 8, 2011
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Joe L.
Dallas, TX

In Texas, an agent is legally due a commission only when he is the "procuring cause" of a sale. If the agent comes in after the fact, it's just a case of someone trying to horn in on a commission. If the "buyer" is willing to try and screw either you or your agent out of a piece of the commission, is this really a person you want to enter into a deal with? If so, be prepared to watch watch your back. Count your rings after you shake hands with him.

May 4, 2011
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