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I just hired a buyer agent last week to help me location a house in the area I am looking for and signed the representation agreement. Today my friend who lives in that area told me he is planning to sell his house, so we may end up buying his house. My question is do I obligated to pay the buyer agent commission since I can't ask my friend, the seller to pay that commission. I live in Texas. Thanks.
In Texas, if you signed a buyer's rep agreement, generally, yes, you do owe the commission per Sections 2 and 11. There is a paragraph that states how much is owed, and there is a paragraph immediately following that one that states that the broker will turn to the seller and/or the seller's agent for payment first, but if they refuse to do so, you are responsible for payment.
However, you do realize that a large portion of the work that an agent does occurs after the home is found, don't you? There are matters of contracts, negotiations, shepherding the deal through to a successful conclusion, protecting your interests, etc., that occur after the home to be purchased is located.
Generally speaking yes but since it's your friends home perhaps you could talk to you agent about it. Perhaps you could even negotiate for them to handle inspections and much of the post contract legwork in exchange for the commission. Your friend would have to pay a full commission if listed, so perhaps your friend would be happy to pay a half a commission instead. BTW, still get inspections done even though it's your friends home.
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