I have done all of the those, based on the circumstances.I also can't count the number of times in mandatory training / continuing education that I was told that we were never, ever, under any circumstances to discuss setting "standard" commissions with other agents. 

Plus you are married and under these circumstances the underwriter would ask why and ask for a divorce decree or reason for separation.

So be diligent when putting together a scope and add in a contingency to make space for unforeseen issues. 

These include falsely claiming to have closed dozens of deals when none were ever closed, illegal payment of undisclosed sales commissions to bundlers and independent contractors, advertising the funds as safe and appropriate to investors with obvious near-term needs for their capital, creating fund of funds en masse assembly line fashion with no corresponding SEC filings, unregistered brokers/financial advisors acting in that capacity absent licensure, having customers wire money claim the fund is fully subscribed and putting them into a high yield promissory note, accepting funds from unaccredited investors, misrepresentations about the debt put on the project, lies about experience level of the principals, omissions of material facts, and at least two straight up Ponzi schemes.While it's true that some legitimate operators are having issues in their portfolios, today's circumstances are a perfect example of the idiom, "you can only discover who is swimming naked when the tide goes out."

That said, if the circumstances warrant, you could agree to return the deposit as part of the buy-out agreement. 

Our goal is to not have any lost income due to them breaking their lease, and not so much penalize them for a change in their circumstances.   

I do not know the numbers of the house, but I do not like the circumstances.  

However, this is not specific legal advice to you, just an opinion based on the circumstances described.Do I Need an LLC to Invest in Real Estate?

In strong sellers markets it may be more difficult for unrepresented buyers and they may choose to get a Realtor but this is the market dictating the circumstance and not the NAR.

She declined to comment about the circumstances of Khafagi’s departure and didn’t respond to questions about it.