Do I need to pay the estate agent's fees if I pull out of a sale? (2024)

Q I have a three-bedroom semi which I own outright. My partner and I wanted to sell up and buy a bungalow because of my health and problems with stairs. We went with our local estate agent and luckily a buyer was found in the first week it went on the market which was in May 2017. We have had lots of problems trying to find a suitable bungalow. The properties that we showed an interest in turned out to have major problems such as drainage at the first bungalow, lack of building regulations at the second and possible foundation movement in the third. We discovered all this over the past 15 months and in that time we have had chains break below us. We are so tired and although we desperately wanted a bungalow we have decided to back out of selling our semi. At this instant we had a solid buyer but we couldn’t face any more stress of looking for another bungalow. The estate agents have billed us £420 for advertising and photos, £420 as well as a commission fee of £1,235 which is half of the commission we would have paid, because they say they had actually sold our house even although we had not exchanged contracts. Is this correct practice?
SA

A If you withdraw from a sale, it is normal to be charged to cover the costs – such as advertising – that an agent has already incurred. And it is also normal to have to pay some or all of the estate agent’s commission but only if the contract you signed contained a “ready, willing and able purchaser” clause. What this means is that you still have to pay the agent for finding a buyer even if your situation changes and you have to withdraw from the sale. If your contract didn’t have such a clause, you shouldn’t have to pay anything on top of the £420 fee for photos and advertising. Another clause to avoid in estate agency contracts is “sole selling rights” which means that the agent is the only agent with the right to sell your home during the term of the contract but also that they will earn their commission even if you find a buyer yourself. This is not the case if your agent has sole agency which gives your agent the sole right to sell your home but does not make you pay commission if you find your own buyer.

Do I need to pay the estate agent's fees if I pull out of a sale? (2024)

FAQs

Do buyers pay realtor fees in NY? ›

In New York, home sellers typically pay real estate commissions, which are usually included in the seller closing costs. A buyer pays only for the home and their own closing expenses. ✍️ Important Note: A recent lawsuit challenging the National Association of Realtors (NAR) on commission practices has been settled.

What is the real estate commission in New Jersey? ›

The average New Jersey realtor commission rate is 5.21%, with 2.99% going to the listing agent and the remaining 2.22% going to the buyer's agent. New Jersey realtor fees usually don't vary too much from agent to agent — the majority of agents charge rates close to the area average.

Which state has the highest real estate commission? ›

Listing agents tend to receive commissions ranging from 1% to 4%, with an average of 2.83%, according to Clever. Buyers' agents earn a slightly lower average commission rate of 2.66%. The five states with the highest commissions are West Virginia, Mississippi, Wyoming, Alaska and Kentucky.

Does an agency listing give the seller the right to sell the property himself without paying any commission? ›

Exclusive Agency Listings

In an exclusive agency agreement, the seller appoints only one agent, but the seller still has the right to sell the property themselves without paying the broker a real estate commission. The seller only pays the broker the commission if that broker sells the property.

Who pays closing costs in NY? ›

While you and the buyer can be liable to pay the closing costs, it is almost always the buyer who pays it. In New York, closing costs for sellers range from 8% to 10%, although this is if you have paid the 6% agent commission. Your closing costs are also typically higher than that of buyers.

What percentage do most realtors charge? ›

Of course, real estate commissions can be negotiated, and nowadays they typically run somewhere closer to 5 percent of a home's sale price. That means the means the more expensive the home, the more money the agents make.

Who pays closing costs in NJ? ›

In New Jersey, as in most states, it's common for both the buyer and seller to have their own closing costs during a home sale. It's typical for sellers to pay for the real estate agent commissions, transfer fees relating to the sale of the home, and (in some cases) their own attorney fees.

How much does a realtor make in New Jersey? ›

As of Aug 11, 2024, the average annual pay for a Real Estate Agent in New Jersey is $82,215 a year. Just in case you need a simple salary calculator, that works out to be approximately $39.53 an hour. This is the equivalent of $1,581/week or $6,851/month.

Who makes up the NJ real estate commission? ›

The Commission consists of five members who have been licensed as New Jersey real estate brokers for at least ten years, two public members, and one representative of an appropriate governmental department.

What state sells the most expensive houses? ›

Half of the 10 most expensive places to buy a home in the U.S. in 2024 are in California, according to a recent study by SmartAsset. San Jose, which sits in the middle of Silicon Valley, topped the list with a median home sale price exceeding $1.5 million in 2024 — and prices in the area went up by 12% from last year.

Where do real estate agents make the most money? ›

The Average Real Estate Broker Salary in Each State (2024)
  • GlassDoor reports that the average annual salary of real estate broker-owners in the United States is $220,507. ...
  • According to GlassDoor, the top five states with the highest real estate broker salaries are New York, California, Nevada, Iowa, and Arizona.
Feb 8, 2024

What is the hardest state to become a Realtor in? ›

The Hardest States to Get a Real Estate License
  • 1. California. California, the Golden State, boasts a vibrant and lucrative real estate market. ...
  • New York. New York's real estate market, particularly in the bustling city of New York, is highly competitive. ...
  • Florida. ...
  • Texas. ...
  • Colorado.
Sep 27, 2023

Can a seller decide not to sell? ›

Legally, a seller's best bet for successfully backing out of a sale is if a contingency written into the contract has not been met. Home sellers can give themselves an “out” by adding contingencies to the contract that make the sale contingent upon certain conditions.

What is a property being sold without an agent called? ›

"For sale by owner" (FSBO) indicates that a property is available for purchase directly from the owner rather than through a real estate agent or broker. Some sellers choose this option to avoid paying agent commissions.

Can owners always sell their property themselves without obligation as to a commission under a quizlet? ›

Explanation: The exclusive agency listing allows them to contract for the services of an agent but retain the right to sell the property themselves without obligation for a commission.

Will Rebny require sellers to directly pay buyer's agent? ›

In an update to its R.L.S. Universal Co-Brokerage Agreement, REBNY announced that offers of compensation to a buyer's agent must come directly from the home seller, not from the seller's agent, even if it's on the seller's behalf. The buyer's agent can then accept, reject or negotiate that offer.

How do real estate agents get paid in New York? ›

In New York, real estate agents make money primarily through commissions—a percentage of the property's sales price. Typical Commission Rates: The average commission rate ranges from 5% to 6%, which is divided between the listing and buyer's agents.

Do you have to pay a broker fee in NYC? ›

New York City is one of the few cities in the US where tenants can be forced to pay broker fees – which are typically 15% of annual rent – despite a landlord having hired the broker.

Who gets the money in the real estate settlement? ›

Lawyers will get a chunk of that money, but the rest will go to people who sold their homes in recent years and paid what critics argue were inflated real estate commissions. Eligibility depends on where you live, but in some parts of the country, the settlement covers people who sold homes as much as a decade ago.

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