I'm sure that your agent knows how it should be written.

She said it's just a verbal good faith thing. but she was willing to write it in an email. Is that legit?? She said we wouldn't write up a new seller/realtor contract.

I ask because I'm starting to become suspcious and don't want her coming back after the fact for the whole commission since it wasn't in writing, KWIM?

On the Pennsylvania Agreement for Sale of Real Estate, there's a spot on the last page of the contract that says

" Seller hereby approves the above contract this (date) and in consideration of the services rendered in procuring the Buyer, Seller agrees to pay the named Broker for Seller a fee of (fill in the blank) of/from the herein specified sale price."

Check your contract for wording re: fee to broker(s); if there isn't one, I would add a clause to the end of the contract before you sign it.

I have seen it written in a counter offer. I don't know if that is proper in your state. You could write up a separate agreement modifying your listing contract and referencing your sales contract.

I wouldn't trust a verbal agreement or one written in email. I wonder why she is hesitant to put it in the contract? Insist it is written in the conditions of the contract. Don't take no for an answer.

It should be in an addendum to your listing contract. While it's become part of your condition to sell it, it's not technically part of the offer to purchase. You have two contracts that you've negotiated--your listing agreement and your purchase agreement.

Julieblatt, it depends on how things are done in your state. Does the realtor make up the contract? If so, it would be easy for her to put in there if it makes you feel better. In my state, attorneys do the contracts and reduced commissions between the listing agent and the sellers are done on a good faith basis. Why do you have reason to be suspicious of someone who is trying to help you? (You say she did this begrudgingly, and act as though it was expected. Why not be grateful she is willing to help you to get this done and not act as if she is trying to rip you off in some way. She doesnt have to give you anything, you contracted her at 6%

Linda, she has another post which explains more. I don't blame her for wanting it in writing.

Here is a link that might be useful: other post

I really want to trust her. She offered an initial 1.5% nicely. But when we asked for an additional .5% in order to accept a lower offer, she suddenly started acting offended and more curt. And now that she's somewhat repping the buyer, I feel like she's lost some of the "caring" for us that she had before. She certainly could have rejected our request, but she did agree to it. So I just don't understand why she's continued to behave this way (which now makes me suspicious). More and more of her actions seem to demonstrate she just wants to get this house sold, regardless of the money involved for us or the buyer -- hence my concern.

Legally, the % can't be on the purchase agreement. When I asked about revising the listing contract, she said we don't do that, it's just in good faith. So I guess I'm just gonna have to take yet another leap of "good faith!"

Not all lenders and states allow kickbacks. It might have to show up on the HUD 1.

Here is a link that might be useful: Gifts, Rebates & Kickbacks

Have you sincerely thanked her for taking the extra cut in commission?

She generously offered to take a large cut, and then you asked for more .
(Nothing wrong with that , mind you)

She,too, may feel as though things have gone downhill and that she isn't being appreciated.

In your situation, she's the one that is sacrificing, you are getting your house sold!

(and yes, it is for less money, but it was your choice to accept the offer by asking her to sacrifice more)

If it were me, I'd either tell her or leave a voice message thanking her , and acknowledging that she is giving to you to get the job done.*

* just offering you my point of view. I am NOT a RE agent, and many here could tell you that I'm not pro-agent.

When I sold a home in Calif., one of the first documents which I needed to sign for the Escrow company (and I believe, maybe even had to notarize, was the dollar amount that would be paid to the agent. So I would check with escrow company, or title company, or whoever handles the closing.
Susan

When you are selling a cheaper house, (I don't consider $400+ cheap) commission may not be that much, but when you sell a high priced house, losing commission could hurt. IIRC on your house, she would have gotten $8,000 and is now getting $6,000, correct? If she was originally getting $20,000 and went down to $12 or $14,000 that might hurt more.

To me, the $2,000 she's losing isn't much; especially since it was you that brought the buyer in. From what I understood about a situation I was in, an offer to the realtor for close to 1/2 the commission to forget about a contract was what was suggested to me.

How much longer is your contract for and do you have to give her a kickback if you sell within 30 days after contract ends?

Melbat, yes, I sincerely thanked her and acknowledged the extra work and accomodations she will be making. I told her first thing after I heard from my husband that she (and the buyer) accepted the offer.

roselvr, I have 30 days left on the listing contract and I'm obligated to her for another 90 days for whoever looked/considered my house during that initial 90 day period. So me & the investor would've had to wait a looooong time. If he only would've sent me the letter a week sooner!! Oh well, it's done and under contract now! Close on 4/27. Inspection is wednesday. fingers crossed.

Good luck