We live in a rural area in GA with a higher end new home and acreage for sale. Realtor 1 had not shown house and we had no contact for several months. Followed her advice on listing price and several other issues. Listing agreement expired Dec 31. Since Realtor 1 had not shown much interest, we decided to relist with an agent that had shown interest that we had a good rapport with. Made appointment with Realtor 2 to sign listing agreement and get photos, etc. on Tuesday, Jan 4, 3pm. Realtor 1 called and wanted to show house to out of state buyer Jan 4, 10 am, we agreed.
House was shown, I received a phone call at 2 pm from Realtor 1 that we had an offer with a contingency of their house selling, etc. Pre approved loan etc, but want to pay cash to avoid closing costs. Understandable.
Realtor 2 came at 3 pm, we informed him of pending offer, told him we wanted to list with him if we did not get a contract. He was very gracious and understanding of the bizarre timing.
Realtor 1 is dual agent at this point, conveys offer, we accept price, counter offer with no contingency, 10,000 earnest money, closing in June to give them a chance to sell their home. They agreed. Next day, when Realtor 1 is supposed to be bringing out contract to sign, she calls and says that buyer has changed mind and doesn't want to lock in 10 grand and a closing, but loves the house and wants to come out and look at it again- right now. We agree, Realtor 1 and buyers arrive. Realtor 1 stays for about an hour, then leaves potential buyers at our home with us for 2 more hours.
I am exhausted at this point. They again reiterate how much they love the house, want us to take off the market etc. and reiterate our previous offer- large binder with a set closing date is the only way we will take the house off the market. They wouldn't agree, but we all shook hands and ended everything on good terms. Did not hear back from Realtor 1 again at all.
Talked to Realtor 2 last night, he agreed to list house and is bringing out listing agreement etc.. I call Realtor 1 and tell her how much appreciate all she did trying to get the deal together, that we are listing with a different agency. She was not especially happy and told me she wants to retain the clients she brought (understandable) and that the client called her again last night trying to work things out. She gave me the impression she expected full commission when and if the house sold to these clients.
How exactly does this work? We are listing with a new agent, Realtor 2. We have nothing in writing from Realtor 1, I have no desire to short her out of her commission with her potential buyer, but IF her clients eventually end up buying our house, wouldn't she split the commission with Realtor 2?? Does she have legal right to full commission since the listing expired and we relisted with another agency? Sorry this got so long- I just want to do the right thing for everyone involved. Thanks for any insight!