Newsflash: Buyer may back out. Do i need to pay realtor commission?

I will try to keep it short and sweet. Selling my house, offer accepted. When it got to title time, found a lien I was unaware of as the seller. the debt that corresponds to the lien I was fully aware of (and 100% compliant with), but I was unaware of the lien. I am trying to work out a smaller settlement for the lien (they get something or nothing from a sale, their choice), but if they will not settle the lien (not the whole debt, just the lien), the buyer will undoubtly back out (as laid out in clear wording in the offer, their escape clause is clear). if the debt holder will not settle, that would mean the property will not be saleable to anyone, and the house will have to be taken off the my question is, since under the offer wording, if the buyer backs out because the title is not clean, the offer becomes ‘null and void’. if that occurs, and the listing contract expires, will I then be responsible to pay the selling realtor commission? commission is to be paid on an enforceable contract, so that’s likely the key. it is not enforceable in my view based on the exit clause the buyer is free to use. they exited in a method I can not dispute, and therefore not enforceable.I realise reddit is not a law firm, but I’m just trying to think ahead at this point, and see if others have had similar situations. so just looking for other’s experience, and not legal advice.



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