contract-law
House Contract law
<p>I’ve already signed documents related to a house closing ( im the seller). I’ve deposited and spent most of the check.  The realtor called me and said they wrote the wrong amount for the realtor commission.  Now they want me to write a check to correct their error. Is it as simple as writing a check or will the contract have to be redone? Do I have to repay the money if the contract is already signed?</p>

<blockquote>
  <p>Is it as simple as writing a check or will the contract have to be redone?</p>
</blockquote>

<p>(I'm assuming that your contract does not clarify the matter of amendments thereto)</p>

<p>My "educated guess" is that the contract does not need to be redone, but this might be inaccurate or vary by jurisdiction. Someone knowledgeable in real estate laws will give you a better informed answer.</p>

<p>That being said, you might want to reflect in an addendum to the contract or in a proper record (with realtor's signature or receipt) the belated transaction and its purpose. This clarity of records could will preempt the realtor's subsequent attempts to get additional compensation under the same allegation, and/or it could ease your burden of proof in the event that your tax records are audited.</p>

<blockquote>
  <p>Do I have to repay the money if the contract is already signed?</p>
</blockquote>

<p>Most likely, yes, unless you can prove --be it from the wording of the contract or from preliminary records-- that you are under no duty to compensate the realtor or that you already did so. Absent any such conditions, the realtor might persuade a court that the error was <em>inadvertent</em> and consequently would lead to an <em>inequitable</em> outcome if left unremedied.</p>
