What if a seller refuses to pay for a service ordered by the listing agent?
QUESTION: One of my listings closed two weeks ago, and my seller moved out of state. Just before closing, I called a painting contractor at my client’s direction, and I told the painter to come do some painting for my client before the buyer performed their walkthrough. The painter invoiced the seller directly, and the invoice was sent to the closing attorney. However, the invoice somehow did not make it on the closing disclosure, and the painter was not paid out of the seller’s proceeds. The painter is now demanding payment from me, and the seller is not responding to either of our texts. Do I have to pay the painter?
ANSWER: On these facts, we do not believe you owe the painter.
It does not sound like the painter was confused about who the services were for in this case. Even though you ordered the service, the seller was invoiced, and the painter could identify who was on the deed to the property in case they wanted to file a mechanic’s lien. Since you further made it clear that you were simply the seller’s agent, we think the vendor would have a hard time proving in court that you are personally liable for the cost of the painting.
It is worth noting that agents can sometimes become liable for costs incurred by their clients. For example, if an agent does not disclose that they are ordering a service for their client, the vendor may reasonably believe that the agent is ordering the service for themselves rather than someone else. Or, even if an agent does make clear they are ordering a service for a client, if the agent personally guarantees payment, then an agent may be liable to pay. It is therefore very important for agents to make it clear to vendors what their capacity is when they order services for their clients.
As a final note, if you use NC REALTORS® Standard Form 101 (Exclusive Right to Sell Listing Agreement), it makes clear that the seller must pay for every service they order in connection with their property:
So, even if a vendor does claim that they are confused, and a listing agent decides to pay an invoice, a listing agent using this form has good footing to request that the seller reimburse them.
Release Date: 11/12/2026
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