My wife and I are selling our house in Illinois. As part of the sale, the agent of the buyer said that they will take a 1% commission instead of 2.5% to cover some of the closing costs. The costs are $5,000, and $2,000 of the that would come from the agent.
But the wording of her email concerned us a little. It reads:
“I am sending this email to confirm that I am willing to take 1% commission (instead of the stated 2.5%) for the sale of [our address]. This allowing the seller to contribute $2,000 more towards a closing credit for my client. I was told by my office as well that the amount will be reflected on the commission statement.”
Our concern is with “willing to take.” We were told by our agent that the email is legally binding.
Should we be concerned about this language? Can the agent decide not to follow through with this? Should we ask for more definite terms?