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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37638
Experience:  Texas Attorney for 30 years dealing in real estate
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Can an Exclusive Right To Represent Buyer - Buyer Agency

Customer Question

Can an Exclusive Right To Represent Buyer - Buyer Agency Agreement be modified by me. The contract for NC states that if the listing agent or seller does not compensate the realtor, then I would be held responsbile. I do not want to sign that. I expect the compensation to come from the seller not me. The old form in 2005 you listed only the amount you would pay if you purchased home where the house was not listed with a listing agent you would be responsbile for paying the fee. You could enter N/A. But with the new form if appears an amount has to be entered and I am liable. What can I do to protect myself from a seller or listing agent not paying the commission expected?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Ray replied 9 months ago.

Hi and welcome to JA. Ray here to help you today.

If the parties agree here it can certainly be modified.Any agreement can be modified to reduce your liability.Add an addendum here.

This is always modifiable if the parties both sign addendum and agree to it here.You can negotiate such a modification here in NC.

Expert:  Ray replied 9 months ago.

Modify ii paragraph here and put it into the blank lines in 12 below..

http://images.kw.com/docs/0/0/6/006306/1261781202037_201___Excl_Right_to_Rep_Buyer___72009.pdf

Expert:  Ray replied 9 months ago.

Paragraph ii is modified as follows the parties agree that realtor will look to payment of any commissions due from seller or listing broker only, or something similar.

You would want to line out ii and parties initial it.

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