In an exclusive agency listing, if a seller finds another buyer after accepting an offer, what is true about the broker's commission?

In an exclusive agency listing, the broker has a specific arrangement with the seller that allows the seller to find a buyer independently without incurring a commission obligation to the broker for that specific sale. However, if the broker has initiated the effort to find a buyer and the seller subsequently finds an alternative buyer after the broker has negotiated an offer, the broker may still have a legal basis to claim a commission if they can demonstrate that their efforts contributed to the sale of the property.

This is grounded in the principle that the broker's marketing and promotional efforts initiated the sales process, leading to the seller finding a buyer. Therefore, while the seller retains the right to sell the property themselves without paying a commission, if the broker's involvement was significant in bringing potential buyers to the table—as it often is—then the broker can argue they have earned their commission based on the work they performed within the confines of the listing agreement.

In this case, the broker has an excellent legal basis to collect a commission, provided they can prove that the seller’s sale was part of the efforts put forth by them, and that the seller did not act completely independently of the broker’s influence.