What LV said

Commissions and bonuses are between agents/brokers, not between buyer and seller. Commissions should not be addressed in the purchase contract, only on a seperate addendum. If the MLS has a bonus with no conditions on it, then the listing broker would be responsible for paying this later. I would personally leave it alone until after you close escrow. Then go after the listing broker for the bonus. In my area, agents need to be very careful with what is entered into the MLS because it is binding between brokers.

^^ What Len just said!

Totally agree>>What Len just said!:)

to add more intrigue to this the seller is also a real estate agent.

I think alot of people responding to this are telling you what they would want to hear in this situation. If this ever went before arbitration the facts would show that you submitted an offer previously and the seller eliminated the bonus on the counter offer. So the argument is that you knew the status of the bonus situation prior to submitting a new offer.

Yes co-op compensation is between brokers but is bonus compensation? Not all that cut and dried.

No matter what happens this should teach everyone to be crystal clear about what to put in the MLS about compensation/bonuses.

Actually he never scratched the bonus, most of the April contract was verbal. He did however scratch it today!
It's not all about the bonus for me, as I said, the lister is the one who told me about the bonus.
What it is about is why an agent/brokerage could put something in the mls and not have to back it up in anyway shape or form.

^^ I would forget about the bonus, write the contract, close the deal. Being that the seller is also a RE Agent I would not address the issue until after closing.

I would have my broker pursue the case, like I said, and we could then split the proceeds less the legal cost. Im not a greedy man, I am an ethical man though and want to be treated with the same respect.

Being that the bonus is compensation and not to be addressed in the purchase contract I would still proceed and represent my client. The compensation issue will arise AFTER the deal closes and my client is satisfied.

I would though print out the MLS listings daily showing the offering of the bonus. I'm sure at some point it will go away, keep notes, detailed notes, and all Emails.

Good Luck.

"I would have my broker pursue the case, like I said, and we could then split the proceeds less the legal cost."

And where would this bonus money be coming from?

For some reason you are not getting it. Bonuses are considered as a commission (compensation). Commissions are between the listing broker and the selling broker, not between the seller and buyer. If the listing broker is offering the bonus, then the seller cannot address it with the buyer on the contract. It is not between them.

The bonus money will come from the listing broker's share of the commission. That is how commission is split up. It doesn't come directly from the seller to the buyer's broker. It comes from the listing broker to the buyer's broker. Period.

Thanks so much for the clarification on this! That makes perfect sense. I think the confusion is that when we sign a listing agreement the seller would have to offer the bonus, right? Once it appears in the mls, the brokerage is then responsible for the bonus?

Len,

It is you who is not getting it. In this instance there is no bonus paid by the seller to the listing broker... therefore there is no bonus for them to pass along.

Pretty sure that's what they're saying.

Don't know, don't care. It would be a bonus to me as an agent. If My broker said we aint pursing it, fine. Thats between my broker and his Attorney.

Very confusing first was in the MLS, then LA told her; first was scratched from contract, then haven't seen it scratched from contract in writing.

The MLS is an offer of compensation by the listing broker. If part of the compensation is a bonus, then the listing broker owes the bonus when it closes.

Doesn't matter if its paid by the seller, the listing agent, the listing broker or my old Uncle Ef. If it's in the MLS and it closes, it's owed.

Now I am not getting it? Hmmmm, sure ok. Everyone seems to agree with me on this, but we must all not get it. I will tell you what you don't understand. You don't understand that if compensation is being offered by a listing broker in the MLS, most MLS policies state that the compensation being offered must be paid from the listing broker to the buyer's broker. I don't care where it comes from. It doesn't matter. The buyer's broker would have every right to come after the listing broker for this amount of money, period.

NOW do you get it?