[Zeke]

That's a tough one. My guess is technically you owe the commission if you accept the offer. You want out of this one, don't accept. But, under no circumstances ever deal with the Does again or you will get had.

One more thing: I think you should contact the Realtor and tell him/her that you made a mistake. You meant to say your counter was for 3K below listed price with a 5K commission. If you wanted to negotiate the commission, you should have left that door open a while back.

disclaimer: I am neither a Realtor or an attorney.