Agents Online Real Estate Forums, Discussion, Realtors Marketing Tips

Follow AgentsOnline on Twitter

Click Here to display our logo on your site and link to us!
AgentsOnline Real Estate Discussion Forums Logo

Good Ideas
Nusetlock.com




REO Prep Foreclosure Listings




How To Advertise Here

More Good Ideas!
Real Estate Websites for Realtors




Build your brand on a Real Estate Site





Facebook
Topic Options
Rate This Topic
#116459 - 04/25/06 06:17 AM Broker giving back commission to seller
Jennie265 Offline
Junior Member

Registered: 02/14/05
Posts: 3
Loc: Ohio
I'm a newbie and just lost a listing from my sister because her husbands uncle said he'll give back their commission if they list/ and buy thru him. He is a part owner of a competing brokerage.
My question- can he legally do this?
For some reason, I feel this is a code of ethics violation, but since I'm new, I'm not sure.
I have no signed contract and have shown them no property as of yet. I did however email them some info about properties, per their request.
Is this typical par for the course in this business?
Thanks.

Top
#116460 - 04/25/06 06:25 AM Re: Broker giving back commission to seller
ky realtor Offline
Major Contributor

Registered: 04/21/05
Posts: 1879
Loc: kentucky
legal in some states, illegal in others. Check your state laws. Rebating was illegal in my state until last year; now we can do it under certain circumstances; it has to be disclosed in writing.
Your own sister? wow.
_________________________
Comments made are my opinion, and not intended to be legal advice of any kind.

Top
#116461 - 04/25/06 06:32 AM Re: Broker giving back commission to seller
Jennie265 Offline
Junior Member

Registered: 02/14/05
Posts: 3
Loc: Ohio
Yeah, I know, my own sister. I cant blame them for wanting to save some money, but gee whiz.
I'm in Ohio so I'll check our laws.
Next question- how awful would I be if it is illegal and I turn the chump in for it???
What a quandry.

Top
#116462 - 04/25/06 09:28 PM Re: Broker giving back commission to seller
UpscaleLV Offline
Member

Registered: 01/14/06
Posts: 724
Loc: Las Vegas
He could also just be forfeiting some of his commission because he's representing family.
When brokers decide to rebate commission they usually know what they're doing and have it all set up so it's legal or perceived as legal under the letter of the law.
It's quite possible that if I was representing a family member, I would negotiate a lower commission for myself in hand with a lower sales price. Depending on the family member. ;-)
--A
_________________________
Greenville Real Estate

Top
#116463 - 04/25/06 09:50 PM Re: Broker giving back commission to seller
Jennie265 Offline
Junior Member

Registered: 02/14/05
Posts: 3
Loc: Ohio
I see what you mean. Yes, he could do this because he is a Broker, whereas, I am strictly an agent.
Thanks!

Top
#116464 - 04/26/06 07:18 AM Re: Broker giving back commission to seller
UpscaleLV Offline
Member

Registered: 01/14/06
Posts: 724
Loc: Las Vegas
Oh not because he is a broker. You could do it too, as long as you followed the law and had your broker's permission.
--A
_________________________
Greenville Real Estate

Top
#116465 - 04/26/06 10:42 AM Re: Broker giving back commission to seller
Ohio Realtor® Offline
Member

Registered: 11/17/05
Posts: 369
Loc: Cincinnati
Read the State of Oh newsletter for this quarter it talks about this issue. An agent can rebate based on the sales price but not based on a percentage of commission. I have issues with this too. The state feels that it ok to share commission but you have to be careful how you write it up. 1% of the purchase price of the home is ok if you write it up that way, but written up as 50% of your commission gets you a go to jail card!
_________________________
My thoughts are opinions only and not to be confused with legal advise. www.Find1home.com

Top
#116466 - 04/26/06 02:20 PM Re: Broker giving back commission to seller
pikes peak Offline
Major Contributor

Registered: 12/15/04
Posts: 2717
Loc: CO
In lieu of paying the buyer’s agent co-op commission offered in the MLS, seller shall pay buyers closing cost to include..... up to 3% of the final purchase price. (or something like that)
That has always worked for me.

Top






Google Custom Forum Search

This Google Custom search may do a better job of searching the forums for some keywords than the old forum search does. The results do not include threads from the Asset Managers Forum however. To search that forum you will need to be actually in the Asset Managers Forum and you will need to use the old forum search below.
Search

Good Idea!
REO and Short Sale Listings
Sponsors

Newest Members
DCBroker, midpen786, healthinsurance, manhattanscout, hghgh
20765 Registered Users
Who's Online
18 registered (c302, DCBroker, HomeTeamGA, ColoREO, ATLRealEstate, 3 invisible), 169 Guests and 0 Spiders online.
Key: Admin, Global Mod, Mod
Shout Box

Top Posters (30 Days)
DueDiligence 90
Vermont 89
HomeTeamGA 52
smg 41
pikes peak 40
pro 40
shana 40
Kjmendy 38
Artiste 37
75Corvette 37
Brad - W4BJM 36
Doin' bpose 34
realyte 31
Dave23 30
VABroker 28
(Views)Popular Topics
No new orders today 3959008
I MAKE 100 COLD CALLS EVERY DAY & LOVE IT! 2027956
Stupid MLS comments. 842227
EML 457988
Evalonline 299344
Land America 284999
Mainstreet 261428
What do you know about Froy Candelario, top agent in USA 248707
Pay it Forward - BPO/REO Tips & Tricks I & II 223591
New HUD Listing Brokers---Any Update? 223011
Is there religious content in Buffini class? 197394
Stupid QC comments and BPO requirements. 187347
FARVV 177240
REOTRANS 151490
USRES / RES.NET 147574
AVM Bpos 139412
asset val seminar in colorado 134436
FARVV 126751
Let's talk about our cars 120466
PAS 118318
Featured Member
Registered: 01/02/07
Posts: 658

How To Advertise Here


This site presented by RNC Internet Services