^^ Then you tell me why is it NOT greedy to split commission 75/25 and "cuz it's legal" ain't the right answer -- explain how 75/25 is FAIR.

And, tell me what specifically I should do to move along the sale between the builder and the buyers.

Life is not fair. I've left money on the table a few times when I've allowed myself to get deeply involved in presenting property that Buyers wanted to see; but which wasn't in MLS where the compensation is clearly outlined. I call it allowing myself to be stampeded into masochistic behavior.

I have several pockets of activity around me where some Brokers can survive without being in the MLS and if you don't clarify the compensation on one of their Listings in a contractual Offer of Cooperation in advance, one may often find themselves (including myself) working for free. (Or, going hat in hand, begging for a piece of the Commission.) Actually, now that I think about it, not being a Member of that other MLS and showing a Property without such a Contractual Agreement or a signed "Offer of Cooperation", would be illegal in Vermont.

Similarly, they must approach us regarding how we "might" split a Commission if they are the ones to procure a Buyer for one of our Listings (which is in the MLSs). Prior to an Appointment, they have the power of not showing our stuff. Afterwards, their position is much weakened; because the Buyer has already seen it, and may abandon that Broker.

Being in MLS solves many thorny issues.

This is exactly why agents are perceived the way that they are (greedy, entitled, not deserving of the commission they earn).

"Greed" and "Fair" has nothing to do with the 75/25 commission split. What you agree to is what you agree to...regardless of how entitled you might feel.

If you didn't negotiate a better compensation for yourself, then you earn what you get. Now you know better (I hope) and you won't make the same mistake next time.

Not for nothing...you should have known better.

I hope you did a better job representing your customers with the builder than you did representing yourself with the other agent...but wait...you said you just turned them over to the sharks and are waiting to get your commission check in the mail, right...? Way to earn it... (psst, your job isn't to "move along the sale"...it's to "protect your buyer and work in their best interests")

I know my post is a bit harsh...the quote from you above necessitates and begs for it...

I hardly think the builder is a shark - I think you need to expand on that and tell me specifically what I need to do to save them from the sharks, as you like to call new home sale agents.

And in you own words 3% for me and they're doing all the work and I'm just waiting for my check to arrive soon. Is that fair as well. Like we asked from the get go tell us the whole story and it seems we are just now starting to see the whole story. You wanted someone else to do all the work and you just sit back and wait for the check to arrive.

not even -- what, other than touring them since Oct, should I do with regards to the sale of the home btw the builder and my clients?

it's getting very trolly in here

ManFromTheBand, I couldn't have said it better myself.

Artiste, I'm surprised that you have to ask what is expected of you when you are representing clients. As for "touring them" since Oct. isn't showing them properties and providing them with ALL the information you can to help them make the decision that is best for THEM and THEIR needs part of YOUR job?

In my part of the country, we generally offer agents who are not part of our mls 1.5% commission when they bring an offer. Before I tour homes in an area not in our mls, I phone the broker and get a signed commission agreement. A few years ago a California client of mine I had worked with for a year, walked into an open house without me and stopped by my office afterward to write up an offer. It was accepted and the listing agent offered me 25% because I could not prove I was procurring cause. I called him and bluffed my way to a 75% commission. It helped that my buyer was irate and on my side when I told him. Maybe you could try the same, Artiste.

yes...the folks who have been here for years and post their contact information in their signatures are trolling to create issues...

Let me clarify the term...I think anyone on the opposite side of the negotiation table from me is a shark and my job is to protect my client who (to continue the analogy) usually doesn't know how to swim nearly as well as I do (given that I do this every day and they do it once every 5-10 years).

With regards to what you could do to represent your clients beyond being a chauffeur...that'd be a great question for you to ask your broker.

Couldn't have said it better.

I would love to set the delusional trolls straight but it's obvious their reading comprehension skills are severely lacking and they wouldn't understand it anyways. They're just jealous.

ouch!

Hmm. Interesting discussion!

I totally understand where Artiste is coming from.

In our MLS, we are able to pull up and view the private listing info from neighboring MLS systems without joining them. We do have some reciprocity going as I can pay a small fee and enable my lock box key to open their lock boxes. We frequently overlap listings from one another - someone from a neighboring MLS may list a property in our area and vice versa.

It never once occurred to me that if I sell one of those listings from another MLS that I'd be entitled to less of a commission than if I belonged to the MLS in question. In fact, I had a house under contract from another MLS and was going to get the full 3% co -broke (unfortunately, the deal fell through over something else.)

It also would not occur to me to not pay another agent the same commission that we'd pay someone from our own MLS...an agent from Philadelphia who sold one of my listings got the full co-broke...

Sure life is not "fair" but wow - I would never take advantage of someone like that "just because it was legal." It's not ethical to me.

What difference does it make if I belong to the same MLS or not?

I've seen some listings in NY or NJ in our MLS, stating that unless you have a NY or NJ license, all sales must be by referral fee from the other agent; that I can understand as it involves licensing in another state...some of those agents will only pay a 25% referral fee, but some will pay a good hefty referral fee that's pretty darn close to the 3% co-broke - why?

Because it just seems like the RIGHT thing to do.

I know I'm naive - but I don't want anyone to ever call me greedy or a shark because I was legally able to do something that seems to me to be ethically wrong.

Maybe if it ended up causing a lot more work on behalf of the listing agent, I could see that - but really...

I work for a broker who believes in "nice begets nice." It's much better to play fair and be nice with others, than it is to play hardball and be out only for Number 1.

Perky, I agree with you 100%. But what you or I would do is not what is in question.

CYA - for yourself just like you should for your customer. Whether fair or not, there are rules to this game and they are the rules that we all work within.

MLS is an offer of compensation to other members 'of that MLS'. If you are not a member (or reciprocal member) of that MLS, then nobody has offered to compensate you. Like it or not, fair or not, whether you would do it that way or not if you were the listing agent, etc etc... that's the rule that you have to work with.

What that tells you is "ask before you show it if you want to guarantee your payment, cuz you aint got nothin in writing".

One of the first rules I learned in real estate - "If it's not in writing, it doesn't exist."

This applies both to myself and to my clients.

Broker said he'd give me a 90% split? Great - let's write it down. Other agent said "Sure, I'll kick you a referral fee" - fantastic, let's put it to paper.

Again - it's not about what YOU would do if you were the listing agent (you and I would both do the same thing, pay the other agent and ask them to bring more buyers for your other listings!)...it's about how you would protect yourself if you were on the other side from a listing agent you didn't know who hadn't offered to make sure you get paid for your procurement of a buyer.

The question though was "is it fair." That was the original post, and it seems like everyone just wanted to pounce on Artiste and point out how ignorant you all think she was.

That's the jist I got, anyway.