Special offer

Buyer's agent commission should be earned by the buyer's agent

By
Real Estate Broker/Owner with Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 GREC# 169695

Fool me once?  Shame on you.  Fool me twice?  Nope, it ain't gonna happen.

 

Note to Brokers/Agents


In the best interest to our clients and as a general rule, we cooperate with Georgia licensees outside of our MLS in selling our lisings.  However, according to the provisions of the Brokerage Guide published by the Georgia Real Estate Commission this cooperation is not automatic and is not to be assumed.  A Georgia licensee who is not a member of the Milledgeville MLS wishing to offer our listings to a prospect must first contact our office in order to establish our working relationship prior to any presentation or offer to purchase.  This contact must be made to determine how property is to be shown and any commission division and any other pertinent details.  We normally will not share commission in the event the prospect has an association with an agent in our office and the property has be presented to prospect by a licensee in our office.

 

 

That being said, when a client hires me to sell their home, I do my best to make that happen.  It's my job, it is after all why they hired me.

So let me tell you what prompted me to add the disclosure to my web site:

 

My duty agent got a call about one of our listings one Sunday afternoon.  She gave the caller details about the property they were inquiring about.  It seems this property they called about really did not fit their needs.  They wanted deeper water, a boathouse and a FEE SIMPLE lot.  They were in a certain price range and my agent knew of another property that better fit their needs, so she told them about it.  Gave them directions (by water as they were boating) and met them at the property.  Now the one thing she did NOT do was ask them if they were working with an agent. (Shame on her- lesson learned)

They loved the house.  It was perfect, in their price range and met all their needs.  They asked my agent what they could do to "hold" the property.  Her reply was they could make an offer.  They then explained they planned to make an offer with THEIR AGENT on Monday, but wanted to know what they could do to HOLD the property until then.

They did buy that house and we did co-op with their agent.  WHY?  Well because our loyalty was with our seller.  And without co-oping those buyers were going to walk because they did not want to pay what they offered for the property and also pay their agent (with whom they had signed a BBA) a commission.  Rather than our seller not sell their home, we agreed to give their agents company 1/2 the commission.  Shame on them.

That being said can you guess what the topic of my next sales meeting was?  Asking about agents... how did you guess?

The first two questions?  Are you working with an agent? Are you an agent?  MUST be asked when we get phone calls.

Will I still co-op with an agent outside my MLS?  You bet I will, but only under certain conditions met...

the agent must contact the actual listing agent to set up any showing.  For the most part, we have keys to all of our listings in our office and will loan those keys to agents not in our MLS with a set appointment to show.  The non member MLS must also agree (formally and in writing) to accompany their clients for each and every visit to the property.  We're happy to co-op with you and yes, even share the commission, but only if the NON MEMBER agent is doing their job and earning their commission.

If the NON MEMBER agent won't sign the agreement, they simply can't show our listings.  If their clients then come and lie to our agents and get our agents to show them the property and then their agent parachutes in with an offer we present the offer, but our counter offer includes the disclosure that the buyer will be paying any commission to said parachuting agent as it was not earned.

By placing a listing in the MLS we offer stated commissions to members of said MLS.  No membership, no offer, plain and simple.

If you have an agent and would like to see our listings please just have your agent contact us.  If your agent is telling you to see homes with the listing agent and then come back to them to write an offer, you seriously need to wonder if they have your interests at heart at all.  When we work for buyers we actually work to earn our money and I think any of our past buyers would tell you we worked hard for them. So if you agent doesn't show you property, do a CMA with comps when it's time to make an offer, recommend good vendors for the inspection, lender, closing attorney... maybe you need a new agent.  There certainly is some value in having an agent who is local and knowledgeable about the area.

 

 

Posted by

706-485-9668  us on facebook

Tammy@Lake-Sinclair.com

(Click on Lane Realty Logo for web site)

Tammy Lankford, Broker/Owner

 

Broker License # 169695  Lane Realty License # H-11420

Real Estate Instructor License # 355089

Call me today for all your Lake Sinclair real estate needs.

 Search for homes on Lake Sinclair now

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Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

Great post Tammy. I've worked with agents in our MLS who let their clients do all the work and the only time the selling agent showed up was at the closing. I don't call that earning a commission either.

Jan 10, 2015 08:08 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

Hi Tammy, we have the same thing in our MLS -- not a member, not entitled to the commission. However, I would not prevent a buyer from buying a home or sabotage a seller by refusing to pay a commission; I find a way to work it out, even if it means paying a "parachuting agent" a referral fee from the buyer's agent's commission. I also tell the buyers before I show that they understand that if I show them the home, I will be writing the offer, and that settles that. Biggest problem is agents who are afraid to put it out there on the table. Because when you ask if they are working with an agent, they might say no, no because in their heads their agents is out of town, LOL.

Jan 10, 2015 09:20 AM
Larry Johnston
Broker, Friends & Neighbors Real Estate and Elkhart County Subdivisions, LLC - Elkhart, IN
Broker,Friends & Neighbors Real Estate, Elkhart,IN

Hi @Tammie,  It sounds like you have taken the right steps to keep this from happening in the future.  Good for you.

Jan 10, 2015 09:44 AM
Evelyn Johnston
Friends & Neighbors Real Estate - Elkhart, IN
The People You Know, Like and Trust!

I like your disclosure.   We have automatic sharing agreement with almost one entire state .

Jan 10, 2015 10:17 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Tammy, The end goal is to get the home sold for the sellers who hire us to sell their home. Asking if prospective buyers are working with an agent is an absolute necessity. Even doing some, some are less than honest.

Jan 10, 2015 10:24 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Jane Peters well she did type the offer. LOL

Jenna Dixon oddly enough it's agents from your market (general Atlanta area)  that do it to us too LOL

Bob "RealMan" Timm I don't recall ever having a local agent try that.

 

Jan 10, 2015 11:06 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Elizabeth Weintraub Sacramento Real Estate Agent, Top 1% of Lyon Agents that's a good idea about telling them if we show it we will be writing the offer. And no I would never do ANYTHING to harm my seller, I'd always work it out.

Larry Johnston we recently had one take serious advantage by asking the listing agent to let the buyers back in for measuring and asking the listing agent to meet both the inspector and appraiser. I really didn't want her to get paid either.

Evelyn Johnston wow on that automatic statewide thing.

Kathleen Daniels I do always keep that end goal in the front of my mind, but even so I don't like being taken advantage of and I really don't like it when it happens to my agents.

Jan 10, 2015 11:11 AM
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

I am happy to make it easy to show my lisitngs and work with agents that come in from other areas. I work for the seller and want to get the property sold.

Jan 10, 2015 11:22 AM
Evelyn Johnston
Friends & Neighbors Real Estate - Elkhart, IN
The People You Know, Like and Trust!

We formed an almost statewide MLS a year ago and the 13 or 14 or 25 MLS's that joined all have the agreement to share in commission.

Jan 10, 2015 11:22 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Debbie Reynolds but I'm not talking about working with agents who come to show the property.  I'm talking about the ones who send the buyers without them to see the property and then think it's okay for them to write the offer and collect a commission.

Evelyn Johnston we have a "GA MLS", but I would say it's just one of two MLSs in Atlanta with a few odd members from around the state who have joined in it as a secondary MLS.

Jan 10, 2015 11:35 AM
Troy Erickson AZ Realtor (602) 295-6807
HomeSmart - Chandler, AZ
Your Chandler, Ahwatukee, and East Valley Realtor

Tammy - We don't really see that happening around here, and I hope we don't start seeing this. Almost all agents are in the same MLS, and buyers agents always accompany their clients on showings. This is something to keep in the back of my head though, in case this happens in the future.

Jan 10, 2015 11:45 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

It is happening more and more here Troy Erickson , it's not something we saw just a few years ago.

Jan 10, 2015 12:01 PM
Beth Atalay
Cam Realty and Property Management - Clermont, FL
Cam Realty of Clermont FL

Tammy, I've had agents call me personally and ask to show their buyers the home which is fine with me, as long as they give me a heads up. It gets sticky when buyers don't let you know they're working with an agent.

Jan 10, 2015 12:46 PM
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Good morning Tammy. Great topic, you handled the situation very well. I just don't understand the thinking, but as you well know, it takes all kinds.

Jan 10, 2015 07:46 PM
Rebecca Gaujot, Realtor®
Lewisburg, WV
Lewisburg WV, the go to agent for all real estate

Tammy, this is something I am going to forward to my broker.  The agents who send buyers to view property without them are just lazy;  thinking they will just write a contract and then collect a commission.

Jan 11, 2015 12:49 AM
Jenna Dixon
Momentum Real Estate Group LLC - Marietta, GA
55 & Over | New Constructions | Horse Farms

Tammy Lankford not at all surprised!

Jan 11, 2015 02:59 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Beth Atalay all together different if an agent calls me and asks up front and for some reason couldn't show their clients at a time convenient to the clients, but popping in with an offer after sending your buyers to lie to one of my agents... NOT a good idea.

Joe Petrowsky sadly it sure does

Rebecca Gaujot, the GO TO REALTOR I hope it helps.

Jenna Dixon I can assure you I won't be trying to write an offer in the Atlanta market though.... I would refer to someone in the area.  It's so much better for the buyers, how I wish buyers could understand that.

 

Jan 11, 2015 03:59 AM
Beth Atalay
Cam Realty and Property Management - Clermont, FL
Cam Realty of Clermont FL

Tammy Lankford, that is absolutely unacceptable and we should know better but there will always be those who won't play nice. Sad but fact!

Jan 11, 2015 05:02 AM
MichelleCherie Carr Crowe .Just Call. 408-252-8900
Get Results Team...Just Call (408) 252-8900! . DRE #00901962 . Licensed to Sell since 1985 . Altas Realty - San Jose, CA
Family Helping Families Buy & Sell Homes 40+ Years

This type of issue is a chronic one in RE-good you are educating agents.

Jan 11, 2015 02:29 PM
Susan Mangigian
RE/MAX Preferred - West Chester, PA
Chester & Delaware County Homes, Delaware and Ches

That really stinks for your agent.   The other agent should have insisted that she get at least a referrral fee for her time and trouble.

Jan 16, 2015 02:43 AM