Closing disclosure shows seller owes buyer’s agent commission

Q: I’m selling my house “as is.” The person buying it has an agent, but I don’t. With closing approaching, I received my copy of the closing disclosure. It claims I’m stuck paying the commission to the buyer’s agent. Since I had no agent, the buyer’s agent said she’s also acting as the selling agent and claims I signed a form stating this. What can I do? — Juan M.

A: Your first move it to request a copy of that form or contract you supposedly signed. If produced, give it a thorough read to see if the claim is true. Surely you would have your own copy?

If the contract clearly states you agreed to pay the agent part or full commission, you may be technically obligated, as unreasonable as this might sound. Even if it contained something you didn’t agree to (borderline fraud), you signed it, though you could declare the deal off because of such dishonesty and see what happens. They might threaten to sue, but can’t force you to sell.

Something else doesn’t seem quite right here. When buyers suggest a FSBO (or, forsale-by-owner) listing, such as yours to an agent, they’re often steered away unless the seller agrees to pay half or full commission. Yet the agent came to you without verbal mention of any commission, it seems. Perhaps the plan was to stick you for a percentage all along.

Who put the commission on the closing disclosure?

Then there’s this: It’s the mortgage lender that is required to provide the closing disclosure, or CD, to the buyer. This makes me wonder if the agent/buyer told the bank to add the commission obligation in there, as galling as that seems. You should know that the closing disclosure is not a binding disbursement document, according to the National Association of Realtors. I would sure get to the bottom of that.

If the only “proof” the agent/buyer can provide you is a copy of the CD, it sounds like you are being defrauded.