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If she signed a more recent contract that provided for a commission for 5%, she's going to be stuck with that. If she made a mistake, it's her listing agreement and she's going to be stuck with the 5%. You want to pursue this with the closing attorney who will be preparing the HUD
-Settlement Statement which will include the appropriate commission. You want to provide the attorney with the 5% listing agreement and let the lawyer know you won't be signing the HUD unless this is corrected. Or, you can contest the 1% and ask that the 1% be put into escrow
to be held by the attorney until the issue is resolved in court. Then, with the agent, I would tell her that you are only agreeing to the 5%, that any mistake made is her problem, and that if she doesn't agree, you will be filing a civil suit to recover the 1% from escrow and be filing a formal complaint with the state bar association
against her and her broker. This, in my experience, is sufficient to resolve this without the suit, but if not file the suit and the complaint!
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