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#69983 - 10/27/05 01:56 PM Who gets paid?
Anonymous
Unregistered


I received a call from the some Buyers. They were referred to me. They had been looking at houses on an off for a few months. Whenever they wanted to see a house they would call from the info. on the sign. Now they want an agent to do CMA's and get property history on some of the properties they looked at. I asked them if they had been working with any other agents or had a Buyers Agency Contract and they stated no. They got preapproved and I gathered the info. they needed to make a buying decision. After a week and a half I we decided to make an offer. After faxing the offer I received a phone call from the listing agent stating that I had "stolen" her buyers. She said she had shown them the house. She also informed me that she had spent alot of time and money on listing this property and her commission would be minimal. She asked me to void the contract. She contacted my buyers and told them she felt as if she should represent her. They explained to her that they wanted me and that I had helped them come to their buying decision. My buyers were ready to retract their offer and find something else. I told them to continue on and we would work through this. I received unprofessionalism from the listing agent all the way through closing. She has now filed a complaint with the Realtor's Board. Did I do the right thing?

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#69984 - 10/27/05 02:47 PM Re: Who gets paid?
pikes peak Offline
Major Contributor

Registered: 12/15/04
Posts: 2744
Loc: CO
I think you did, but you should have asked for "buyer agency" to make sure there are no problems down the road.
Even at this point I would ask the buyer to sign a buyer agency agreement. (if that's possible)

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#69985 - 10/27/05 07:14 PM Re: Who gets paid?
ky realtor Offline
Major Contributor

Registered: 04/21/05
Posts: 1879
Loc: kentucky
They will probably try to get you on "procuring cause"
see www.realtor.org

 Quote:
7 Key Questions To Determine Procuring Cause

The majority of commission disputes hinge on disagreements over whether individuals contributed significantly to making a sale. In determining if a cooperating salesperson or broker is entitled to a commission, consider the following:

1. When and how was the original introduction [of the buyer to the property] made?

2. Did the original introduction start an uninterrupted series of events leading to the sale?

3. Did the broker/salesperson who made the original introduction maintain contact with the buyers?

4. Did the broker/salesperson engage in conduct that prompted the buyer to look elsewhere for assistance?

5. If more than one cooperating broker was involved, was the second broker/salesperson aware of the prior introduction of the buyer to the property?

6. Was the introduction of a second broker an intrusion into the transaction or the result of estrangement or abandonment by the original broker?

7. Did the cooperating broker initiate a separate series of events, not dependent on the original broker’s/salesperson’s efforts, that led to the successful transaction?
_________________________
Comments made are my opinion, and not intended to be legal advice of any kind.

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#69986 - 11/21/05 10:21 PM Re: Who gets paid?
rwoodinsd Offline
Junior Member

Registered: 11/21/05
Posts: 3
Loc: San Diego
There is a whole arbitration worksheet available on realtor.org, it's not always about who showed the property first. As a seller's agent, I believe that it is my duty to my sellers to show the property and give out information - even if the client has an agent already. My job is to sell the property - not just try to double end it! Best to get a Buyer Broker Representation Agreement, if not before you show any property, then when you are writing the offer.
_________________________
rwoodinsd ---
real estate is serious business!

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