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has anyone sued on a buyer broker agreement

while reading the comments on a previous entry, it was suggested that we ask for comments on whether anyone has actually sued on a buyer brokers agreement

i know that the agreement my clients sign in Utah is very clear and i make it clear to them that they "would get into trouble" if they went around me - i have never been totally specific about what kind of trouble and maybe i should

but there is no confusion about what they are doing it when they do it - they are doing what they think is in their best interests and not mine as their real estate represetative

so please let us know if you have sued - what happened and what other ideas you may have used to reduce your risk in this area!!!

happy new week!!

Posted by Tony du Preez on 09/17/2007 09:28 AM

Comments (6)

suing clients based on buyer broker agreements, buyers going around you, not getting paid

6 Comments on has anyone sued on a buyer broker agreement

I think that there would have to be a very extreme case to call for a suit. Otherwise, even though they did sign a binding contract, you may be risking your businesses reputation. I am sure that more then one person would hear a story about how ruthless of an agent you were for suing, and that the client was somehow tricked or forced into signing the contract. Just my thoughts.

09/17/2007 09:37 AM

by Roy Kotz (NPDodge)

Have not Sued. I do not use the Broker agreements any more. Just a change in the way I do business. When I did use them I simply told them that the Contract was a legal binding enforceable agreement. Which simply means that if you purchase a property on your own or with another agent you probably will be liable to pay me a commission as per our agreement.

I have had other Broker's try to sell me Buyer a property and I threatened them with action. They quickly backed off.

09/17/2007 09:39 AM

by Downtown Portland Real Estate Broker~Herb Hamilton (RE/MAX Preferred Inc. Realtors)

hi roy - i agree, and that is why i have never done anything about it - but people go to a dentist or an attorney and expect to pay - with us they dont and i really wich i could do something to change that attitude

09/17/2007 10:33 AM

by RESE Realty INC.

hi herb

the problems are seldom with another brokerage - the last three i have had have been with for sale by owners and the worse the market conditions the worse it seems to be getting

maybe seller are getting more desperate?? but thanks for that comment - i have tried that and it seems to have had little effect - thats my problem

09/17/2007 10:35 AM

by RESE Realty INC.

Tony,

Perhaps you need also to add a little bit of humor. During the conversation I will also say something like " Besides if you go around me we won't need a lawyer, because I will shoot you" and then I just SMILE ! I have never had any Buyer try to go around me. I have had them question if they had the ability. To which I quickly responded, NO! And then went on to remind them that it is why they hired me in the first place. To keep them out of trouble. I also remind them, as presented during the Broker agreement presentation. Why FSBO's are FSBO's. If they were legitimate Seller's they would be represented by Agent's instead of laying in the weeds hoping to pray on the unsuspecting.

09/18/2007 11:11 PM

by Downtown Portland Real Estate Broker~Herb Hamilton (RE/MAX Preferred Inc. Realtors)

hi herb

that is good council (counsel?) but it is good either way, i must admit that i am pretty serious during this part of my presentation, maybe i should tell them i will do something drastic

so heres hoping, i will try the new approach and see what comes of it - that is if i can find any buyers this week!!

09/19/2007 09:08 AM

by RESE Realty INC.