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#246984 - 08/29/08 12:42 PM Re: Question about listings [Re: KoDa]
REODayton Global Moderator Online   content
Major Contributor

Registered: 07/27/06
Posts: 1565
Loc: Dayton Ohio
Originally Posted By: KoDa
My master agreement for one bank states "Brokers and/or agents purchasing for themselves may not collect a brokerage fee" I asked for clarifcation if it was just on the listing side, was informed that this applies to either listing or selling agent.

I went through all my other clients master listing agreement...did not see that in those.

We had a sale with this bank that the agent putting in the offer disclosed she was an agent buying for herself. They paid her commission in full. So beats me! But I put in all my disclosures brokers buying for themselves may not receive commission. It probably all comes done to net.


Did you inform your client (the bank) that it was an agent buying the property? If not you did not honer your client intructions. It was part of the master listing agreement that they get no commission.

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#247024 - 08/29/08 03:32 PM Re: Question about listings [Re: REODayton]
KoDa Offline
Member

Registered: 03/07/08
Posts: 33
Loc: New England
Originally Posted By: REODayton
Originally Posted By: KoDa
My master agreement for one bank states "Brokers and/or agents purchasing for themselves may not collect a brokerage fee" I asked for clarifcation if it was just on the listing side, was informed that this applies to either listing or selling agent.

I went through all my other clients master listing agreement...did not see that in those.

We had a sale with this bank that the agent putting in the offer disclosed she was an agent buying for herself. They paid her commission in full. So beats me! But I put in all my disclosures brokers buying for themselves may not receive commission. It probably all comes done to net.


Did you inform your client (the bank) that it was an agent buying the property? If not you did not honer your client intructions. It was part of the master listing agreement that they get no commission.



Yes, It was on the offer in writing and also the agency disclosure. Also submitted in the remarks when entering the offer originally. No one was expecting the commission, I told the closing attorney send the HUD back to the bank after I saw it on there, she said that the original HUD she prepared did not have the commission on it. The seller's attorney added it and sent it back. Also on that deal the buyer was told she had to pay transfer tax, the seller paid those as well. That fee was on the buyer side, the bank attorney changed it to the sellers side.

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#247028 - 08/29/08 03:42 PM Re: Question about listings [Re: KoDa]
super realtor Offline
Major Contributor

Registered: 05/01/05
Posts: 5330
Loc: georgia
In the end master listing agreements are boilerplate and I gues sometimes the bank just rolls with it and wants it closed.

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#247119 - 08/29/08 10:54 PM Re: Question about listings [Re: super realtor]
KoDa Offline
Member

Registered: 03/07/08
Posts: 33
Loc: New England
Originally Posted By: super realtor
In the end master listing agreements are boilerplate and I gues sometimes the bank just rolls with it and wants it closed.


I guess I figure the same. That may be in place for most cases, but maybe they allow themselves to deviate from that. This case happened to be a full price offer 3 days on market, so maybe they met and/or exceeded Net expectations & just went with it. The other agent did not make a big deal about it, just took it as is, so that was not an issue to make the deal happen. Every deal is different, who knows! I figure if I disclose from the beginning there wont be an issue later, who is going to complain about getting paid when not expecting it. Or not having to pay transfer tax. But......, non disclosure at the closing table could result in a horror story!!! My policy is disclose, disclose, disclose! Better safe than so very sorry!

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