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I'm Giving Up My Commission Because it's the RIGHT THING TO DO!

By
Real Estate Agent with The Horn Company Real Estate Group

I'm Giving Up My Commission Because it's the RIGHT THING TO DO!

I represent a local bank as the listing agent for one of their bank-owned properties.  Monday I received a call inquiring about the property and the Prospect asked to set up a showing.  We met Monday night and they are a lovely couple who is very interested in the property.

In Texas when you represent both the Seller and the Buyer you are an Intermediary.  Per Texas law, "The Intermediary is prohibited from acting so as to favor one party over the other, and may not reveal confidential information obtained from one party without the written instructions of that party, unless disclosure of that information is required by TRELA, court order, or the information materially relates to the condition of the property".

The Prospects went home and thought about the property and had several questions for me regarding restrictions and such.  I was happy to answer the questions and then, today, I began to feel a bit weird.  I don't know how else to explain it.  Just weird.  Like I know too much.

So I spoke with my Broker and asked that we assign another agent in our office to act as the Buyer's Agent.  While this still leaves our brokerage in an intermediary relationship, the Buyer's have their own agent representing their own interests.  

I'm not thrilled about giving up part of my commission, but it's the right, good and honest thing to do.

Honesty

Fellow agents: I hope that if you're ever in this situation, you'll do the RIGHT thing. 

Homebuyers:  You need to have someone representing your own interests when purchasing any type of Real Estate.  So make sure you have your own agent to act as a "Buyer's Agent" and not just the Listing Agent.

 

 

Posted by

Tara K. Lewis, Realtor

The Horn Company Real Estate Group

(210)607-9807

Tara@TheHornCo.com

Sandra Corrigan
CEO/Owner/Team Leader/Keller Williams Executives Realty LLC - Highlands Ranch, CO

Good for you Tara! The right thing is always the best thing in the long run.

Jun 17, 2011 08:16 AM
Terrie Leighton
Ferrari-Lund Real Estate - Reno, NV
Reno Real Estate Agent ~ Selling Homes in Reno

You have to go by that "feeling" you got. I think you did the right thing as well. It is always better to be safe than sorry, for whatever the reason, later on!! Good for you.

Jun 17, 2011 08:27 AM
Deborah Byron Leffler BzyBee Real Estate Lady!
Keller Williams Realty Boise - Nampa, ID

Some cases it is ok...but others if it feels wrong then it is right to do what you did!

Jun 17, 2011 09:57 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

I do this all the time.  I will not practice dual agency.  In Virginia, if you are doing it right, you really aren't representing either party and doing exactly as you described.

Jun 17, 2011 09:57 AM
Tara Lewis
The Horn Company Real Estate Group - Hondo, TX
Medina County TX Real Estate

Sandra - I agree totally.

Terrie - I was kind of surprised by the "feeling", but I'm glad I'm following my intuition.

Deborah - I've successfully worked as an intermediary in other situations (although I try not to), but this one obviously needed to have two agents.

Chris Ann - I prefer not to be an intermediary (or practice dual agency) as well. 

Jun 21, 2011 09:41 AM