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#120226 - 01/09/07 12:03 PM Double Commision legality
Aftermath Offline
Member

Registered: 01/08/07
Posts: 98
Loc: Ca
As an agent is it legal to buy a seller's property and receive a commission and the property. Then you turn around and sell it again with that commission coming back to you? Its almost like double commission on one house.

Now I understand it would come back to haunt you if the seller found out you made 5% of the 500,000 home and sold it for 550,000......thats like 75,000(25,000 commission and 50,000 difference on sale of house). After paying your broker thats a $50,000 profit!!! I guess there has to be something to this or everyone would be doing this.

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#120227 - 01/09/07 01:52 PM Re: Double Commision legality
Jerry W Offline
Member

Registered: 02/15/06
Posts: 175
Loc: California
An agent's fiduciary duty to a client would prevent some of these deals. A licensee can act as a principal or as an agent on behalf of a client but should not simultaneously try to be both. The duty to help a client get the best deal is counter to trying to arrange the best deal for yourself.

On a side note, it may be smarter for an agent buying a house to negotiate a lower purchase price in lieu of receiving an agent's commission, thereby not having to pay tax on the commission.

An agent needs to disclose they are a licensee when acting as a principal which is why some investors don't get licensed.
_________________________
Salem Real Estate

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#120228 - 01/09/07 04:32 PM Re: Double Commision legality
pikes peak Offline
Major Contributor

Registered: 12/15/04
Posts: 2717
Loc: CO
Just as Jerry said. It is better not to list the property and buy it as a FSBO, less liability and ethics dilemmas.

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#120229 - 01/11/07 07:31 AM Re: Double Commision legality
Jennifer Allan Offline
Major Contributor

Registered: 11/12/06
Posts: 1623
Loc: The Beach
The scenario you describe (when you aren't the listing agent) is absolutely legal and in fact, a big reason lots of us went into real estate in the first place. Agents buy and flip properties all the time. Have you heard the saying "Real estate agents don't get rich off the homes they sell, but rather the homes they buy"? It's absolutely true.
_________________________
Jennifer Allan, GRI
RE/MAX Hall of Fame
Author of Sell with Soul, Creating an Extraordinary Career in Real Estate without Losing Your Friends, Your Principles or Your Self-Respect

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#120230 - 01/11/07 08:37 AM Re: Double Commision legality
Aftermath Offline
Member

Registered: 01/08/07
Posts: 98
Loc: Ca
If you are not the listing agent how do you get the commission for selling the house to yourself? If I buy the home as a FSBO can I charge the seller a commission? If so does the broker get a %?

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#120231 - 01/11/07 03:25 PM Re: Double Commision legality
Jennifer Allan Offline
Major Contributor

Registered: 11/12/06
Posts: 1623
Loc: The Beach
 Quote:
Originally posted by Aftermath:
If you are not the listing agent how do you get the commission for selling the house to yourself? If I buy the home as a FSBO can I charge the seller a commission? If so does the broker get a %?
You get the buyer agent commission when you buy and you "save" the listing agent commission when you sell. If it's a FSBO, you probably won't get any commission when you buy it.

Make sense?
_________________________
Jennifer Allan, GRI
RE/MAX Hall of Fame
Author of Sell with Soul, Creating an Extraordinary Career in Real Estate without Losing Your Friends, Your Principles or Your Self-Respect

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#120232 - 01/12/07 06:26 AM Re: Double Commision legality
Jim Lee Offline
Major Contributor

Registered: 07/01/99
Posts: 4785
Loc: Knoxville, Tennessee, Knox Cou...
 Quote:
Originally posted by Aftermath:
If I buy the home as a FSBO can I charge the seller a commission? If so does the broker get a %?
You can absolutely charge the seller a commission if you're also the buyer. It's a good way to get your closing costs rolled into the deal even if you have to add them to the sales price.

Whether or not your broker gets a cut is up to your broker and your office policy.
_________________________
Jim Lee, REALTORŪ, CRS, ABR, e-PRO
[url=www.KnoxvilleHomeCenter.com]www.KnoxvilleHomeCenter.com[/url]
[url=www.KnoxvilleTennesseeRealEstateBlog.com]www.KnoxvilleTennesseeRealEstateBlog.com[/url]
I am not an attorney & I am not giving you any legal advice.

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