Dave, good question, as BOTH a past Real Estate Broker and now an Attorney I will offer the advice you were looking for and here it is: EVERYTHING IS NEGOTIABLE
1) You can tell the realtor, I will take so much X NET, so if you can negotiate a sale price so the buyer (not me) somehow pays you a fee and I still get my full X ITS A DEAL IE BUYER PAYS A COMMISSION
2) You can tell the realtor I want X and I WILL PAY YOU A COMMISSION if you sell it for my X PLUS the commission Im willing to pay you... IE if you want $100,000 and the realtor wants 3%, you simple sell it for $103,000. IE SELLER PAYS A COMMISSION and you still get you X net price
3) You can tell the realtor to hit the road and tell them I will pay you nothing, the place is for sale at x dollars to you or your client or anyone who wants it.
FREE LEGAL ADVICE As an Attorney and past real estate broker I will offer this very brief information regarding real estate sales contracts: I can draft a one page or a 100 page agreement to purchase and/or Offers to Purchase and Acceptance etc etc BUT REGARDLESS its like very difficult next to impossible under real estate contract law TO FORCE SOMEONE TO BUY YOUR HOUSE REGARDLESS WHAT PAPERS THEY SIGNED (may still be some damages possible) HOWEVER The buyer can MUCH easier FORCE YOU TO SELL IT.
Regardless what the parties sign ITS NOT SOLD UNTIL CLOSING
Sales agreements and offers to purchase and acceptances etc are legal binding contracts (still subject to caveats above) SO CONSIDER HIRING A PROFESSIONAL with so much at risk and all the expensive consequences VERSUS what your brother in law or someone here, lay or professional including me, has to say.
EXAMPLE I recently listed my farm on Zillow on the net. Very same or next day I had realtors knocking on my door. One wanted to sell it for well over 10% of my price provided I pay them 7% in which case I would get MORE then I was asking I SAID SURE BRING ME AN OFFER,,,,,,,,,,,,,,,,,,,,,,Others I negotiated a greatly reduced commission I SAID SURE BRING ME AN OFFER,,,,,,,,,,,,,,Others I didn't like their personality I SAID HIT THE ROAD
EVERYTHING IS NEGOTIABLE but I had a great advantage as both a past realtor and an attorney many other home sellers do not have. I had NO PROBLEM giving realtors a ONE TIME SHOW, its a simple one paragraph document yet there are still some parts of it negotiable.
NOTE for those who hate realtors and used car salesmen and attorneys or engineers and get some sort of thrill flaming on them IVE BEEN ALL lol so bring it on.......I'm just NOT one who would criticize or make fun of or berate a person for their chosen lifes work and profession used to raise their family, be they ditch diggers or farmers or plumbers or electricians or teachers or doctors or lawyers etc) HOWEVER I can tell you this from experience, it takes a ton of time to arrange and hire and schedule appraisers and inspectors and lawyers and title insurance companies and termite and health and septic inspectors and allllllllllll that paper work etc etc etc so a realtor (especially at a great reduced commission) CAN BE WORTH EVERY PENNY OF THEIR FEE Even as a past realtor and attorney I could have dome alllllllllllll that myself (soooooo much time and efforts and calls grrrrrrr) I was more then happy even tickled to hire a realtor (who brought me a full price offer) to do allllllllllll that work
Bottom line of the sale. You give them a warranty deed and title insurance, they give you the money BUT THERE ARE A TON OF COMPLEX THING GOING ON
If thy buyer requires a mortgage there are a lot more hoops to jump through for the buyer and even seller as the banks require so darn much. There can be survey requirements or location or boundary surveys and all sorts of other concerns, now that I think of it ID HIRE A PROFESSIONAL if you're not real estate and legal minded, you don't wanna risk loosing the farm now do you ??????????????? A home sale is complicated and NOT for the timid or a person unfamiliar with all the goings on
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