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Broker Tells You that You Don't Deserve Your Commission. I'll tell you where they can stick their check!

By
Real Estate Broker/Owner with Jonathan and Associates, Inc

I was having coffee with an agent with a competing brokerage the other day and she told me of a situation at her firm.  She was the listing agent on a transaction involving a divorced couple.  She had both parties complete the listing agreement they listed the home for sale.  Another agent in her office bought a buyer by the home and they made an offer that was accepted. 

When the title search was complete, the abstrator found that the home had a second mortgage that was not figured into the calculations.  When the agent confronted her clients, she discovered that the husband was unaware and the wife had taken a second while the home was listed to extract her portion of the home.  The problem: she took too much money out and now the seller owed money to come to closing.  The wife had already spent her portion. 

So the listing agent attempted to do a short sale with the bank but the buyer was growing impatent because the closing had to be pushed back while they were working through the short sale process.  She had also given the buyer and their agent the right to back out of the contract without penalty as a result of this new revelation but they were content to ride it out...so it seemed.  One day, the buyer demanded to either close or sue the brokerage and everyone involved.  So the agent, buyers agent, broker sat down to discuss their options.  They all agreed that they would all reduce their commissions and get the sale over with instead of waiting or getting sued. 

At home later that night, the broker calls the listing agent and says that the buyer's agent is really the big loser here and while no one was at fault, the buyers agent thinks they deserve any and all commissions arising from this transaction.  The listing agent was stunned because they just all had a meeting and they all agreed that they would each bear the cost of this transaction.  Not to mention, in a short sale, rarely do agents get away without have a commission-ectimy. 

I expressed to her that we at Keller Williams would never do such a thing because its just not in our culture.  I'm suprised that a broker would consider doing such a thing to one of their agents.  Sellers do it all the time but from within the company? After all, neither agent works for pure joy of selling real estate. 

So if you were in this situation, what would you do?  I can tell you that I'd tell them where they could stick their check!

Sincerely;
Jonathan Osman
The Charlotte House Hunter
Charlotte NC Homes, Charlotte Real Estate

Renee Stengel
Houlihan Lawrence, Associate Broker - Katonah, NY
Westchester County
Seems very unethical to me.  The buyer's agent deserves a commison, they brought a ready willing and able buyer and were the procurring cause. 
Jan 24, 2008 02:27 AM
Nyles Courchesne
Peskin, Courchesne and Allen, P.C. - Springfield, MA
Massachusetts Real Estate Attorney

Hi Jonathan,

Thanks for commenting on my Blog today.  I have enjoyed reading several of your articles.  After reading this blog entry, I would have to say that the biggest loser is the Husband!  I think that the agents involved and the Broker should all take a proportionate hit just to get the closing completed.  The Sellers appear to have simply misrepresented their financial obligations, as they effect the real estate, to the listing agent.  It is not the listing agent's fault - seems that the wife is to blame.  I am curious to know how the wife could have mortgaged the house without the Husband knowing.  That cannot happen in Massachusetts without a forgery!

 

Have a great night! 

Jan 24, 2008 01:44 PM
Cheryl Powell - The Powell Team
Southern Homes of The Carolinas - The Powell Team - Harrisburg, NC
Concord,Harrisburg & Charlotte NC Area Real Estate

Hello Jonathan, Interesting story!  If I were the listing agent I would definitely be looking for a new firm!!  With a BIC like that who needs enemies?! 

In my opinion, the agents should have split the commission earned and the firm would get their usual split from each agent's portion.  The BIC and both agents agreed to reduce their commission to avoid a lawsuit and get the sale closed.  A DEAL IS A DEAL!

I can't believe that anyone would say that the buyer's agent deserves all of the commission!  I'm sure that the listing agent spent MANY hours marketing this home, working with the bank to achieve the short sale and dealing with the sellers & buyer's agent throughout the process. 

I don't think that real estate agents are expected to do a title search when we take a listing to verify the mortgage information that the sellers provide. 

Thanks for sharing smileys

Jan 24, 2008 04:35 PM
Paul Moye
Benchmark Realty - Franklin, TN
Broker, GRI, SRES

As sad as it seems the Buyers agent deserves her 3%. As the listing agent under the direction of that broker, despite which firm or company you work with the buyer's broker earned their commission. By the way in an arbitration hearing there would not even be a discussion, the buyer's broker earned all of their money and deserve to be paid.

I had a similar such transaction in 2003 and my recourse as the listing agent was to sue my client for fraud. I did file the suit and settled with them for my 3% plus interest and court costs. The attorney's for the seller did not even put up an argument.

Jan 25, 2008 12:00 AM