You can call legal hotline and ask them. If I was the buyer, I wouldn't pay the broker anything since I didn't aquire any property.

I'm not in VA but, 'by other than the Buyer' would be covered here if 'by' seller. In the example of Specific Performance - the seller has a buyer, who is performing but, seller decides not to sell, sellers broker can seek compensation for both buyers' agent and themselves. 

On the buy side - I've had buyers terminate 2 deals before going through with the 3rd. I was paid at Closing of the 3rd - ONLY for the 3rd transaction!

Wouldn't the fee be earned at the time of a successful close?
I'm in Arizona and our fees are earned at the time that a transaction is closed. I don't know what your contract says, but it will govern.

Ask your broker Mark Adams .

I'm not in VA and this sounds like a state specific question. If you have access to the legal hotline through your state association, call and ask their opinion. Our legal hotline is excellent for contract questions so I use it often.

I would think the answer to that would be within the wording of the contract.

Don't know the VA law or the wording in the exclusive agreement. Sounds like you need to find a more competent broker to sponsor you!

that's a great question for a real estate attorney.... don't wear that hat!!!

I would think it depends on what is contained in your buyers rep agreement.

Best to ask a Virginia real estate attorney.

If the agent/broker sues the buyer for the commission they will get laughed out of court. The job was not completed no compensation is due. Time to call the va real estate commission. This is why i advise buyers not to sign exclusive buyer agency agreements, too many unethical agents willing to take advantage of vague legal jargon.

It depends on the situation.

I'm a CA Realtor, so my state may be different rules, and that's not enough info.

Depends of the agreement.

I suggest you discuss this with a local attorney. 

Not here.  

The agreement should cover this eventuality, I would think.

Mark Adams I have worked under exclusive right to represent agreements for almost 30 years and have never heard of any buyer paying a commission for a failed transaction that was not the buyers fault.

Sure, you can charge the buyer a fee for your time and whatever else you can get them to agree to...but pay a commission for no transaction? Cheezy at best.

You state that he has been using the agreement for 6 years and JUST NOW READ IT??? I am willing to bet that he still does not know what it says...

Time to find another broker...this one will teach you nothing.

Eve

No

i dont have an answer, I'm in Pa.

As Jeff Pearl wrote.

What does the buyer agency agreement say? 

Even if it is so...the cost and time to litigate must enter in plus can it be collected if you win a suit and if you lose a suit your losses increase. Best approach is negotiate something both can live with or walk-away wiser

Check with your broker, your state could be different

No close - no money. 

I have no knowledge of the VA contract, so can't help. But it should be specifically spelled out in the terms of the agreement.  In GA, no closing and the default is not the buyer then no commission due from buyer, seller maybe, not the buyer.

Tell the broker to show you where it says that... If deal fell apart there is no commission.  Did buyer cause the default after long delays? 

Doubtful. Follow the terms of the agreement.

Mark,

Very weird...

What does employment contract say?

I work in CO.