Listing Agreements RULE

At a settlement last week the sellers and buyers renegotiated the contract price. A home inspection was done about a month ago and noted several repairs that needed to be made. Most were problems that the sellers and I, the listing agent, were aware of so there were no big surprises.

The sellers agreed to the addendum that spelled out the repairs the buyers requested be done prior to settlement.

They were going to be done...they were going to be done...they were going to be done...they were not done.

While the sellers and buyers renegotiated the price, with little input from the agents, the attorney was Settlementlike a fly on the wall...very unobtrusive but he did not miss a word. As soon as he sensed a meeting of the minds he proceeded to wrap things up.

At this point the selling agent left the room and shortly after I was called out. The HUD statement was being revised and I was asked if the commission would be paid on the contract price or the reduced price.

The answer: The listing agreement specifies the commission will be a percentage of the sale price.

Reminder: Stay focused when the situation is fluid and remember prior agreements that must be honored.

__________________________________________________________________________________________

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If you or someone you know is thinking of buying or selling property at or near Lake Anna, please contact Kathleen "Kate " Elim.  Kate lives at Lake Anna, knows Lake Anna, loves Lake Anna, and specializes in Lake Anna area real estate. 

Call Kate at 540-226-1964 or by e-mail at lakeanna.kate@gmail.com. Be sure to check Kate's Web sites  and blog at http://lakeannaandbeyond.com/ or http://lakeannacountry.com/ 

 
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12 Comments on Listing Agreements RULE

Good one Kathleen, It was probably not enough to make a big difference.  I think those are the types of things that make agents look petty. 

05/04/2008 07:50 PM by Audrey June-Forshey, GRI, Gaithersburg, MD (RE/MAX Realty Group)


I just closed a deal last week where the seller was bickering about the commision being paid off of 237,600 instead of 238k because they didn't want to pay on the home warranty.  I pointed out three places in the contract where it said "sales price", but also said I would not hold things up because of $12.  The sellers took my $12.

05/04/2008 08:11 PM by Donna Harris, ASP (Re/Max HiNet)


Great post!  I wouldn't have thought of that.  Thanks for the advice!  :)

05/04/2008 09:06 PM by Debi Ernst, Real Estate Broker/Agent (Ryco Realty Group)


Hi Audrey...I would have received about $1,000 more.  However, even on a more expensive property I would still honor the listing agreement.  It is what I want the sellers to always do.

Take care and thanks for commenting.

Kathleen

05/05/2008 10:36 AM by KATHLEEN ELIM, Lake Anna Real Estate (RE/MAX Lake & Country)


Hi Donna...That's a story to repeat.  Makes you wonder why people are so concerned about every last cent. 

Better luck on future transactions.

I appreciate you sharing this one with us.

Kathleen

 

05/05/2008 10:41 AM by KATHLEEN ELIM, Lake Anna Real Estate (RE/MAX Lake & Country)


Hi Debi...Glad you found this useful.  That's what is so great about the Rain.

Take care,

Kathleen

05/05/2008 10:46 AM by KATHLEEN ELIM, Lake Anna Real Estate (RE/MAX Lake & Country)


Great post - so much for the numnut attorney, huh?

Tina in Virginia

05/05/2008 07:54 PM by Tina Merritt - Virginia Beach Real Estate (Long & Foster Oceanfront - Virginia Tech Hokie)


Kathleen -- An excellent reminder on several points and possible pitfalls on the way to closing. Sorry to hear you ended up forfeiting a large sum of money but really glad the buyer and seller reached an agreement and you were able to close.

05/07/2008 07:40 AM by JoEllen Stranger-Thorsen, Lake County, FL (Catherine Hanson Real Estate, Inc.)


I think we all have been there on that issue, the buyer agent certainly has no reason to take less, but the decision should be agreed upon by both sides.

05/10/2008 07:38 AM by Mary Strang, WI Real Estate (RE/MAX Hill Country)


Hi Tina...Actually the lawyer did the best thing.  He let the buyer and seller work it out between themselves.  If he had seen that they were not making progress he would have stepped in.  Fortunately, they did resolve it and we were able to get it settled.


Thanks for your comment.


Kathleen

05/10/2008 03:36 PM by KATHLEEN ELIM, Lake Anna Real Estate (RE/MAX Lake & Country)


JoEllen...It really did work out just fine.  We had an offer that was more than I thought we would receive and even though it was reduced at settlement because of repairs that were not done according to the home inspection agreement, it still sold.  I was more than satisfied.  I think everyone felt pretty much the same way which is a good way for it to end.


Take care,


Kathleen

05/10/2008 03:39 PM by KATHLEEN ELIM, Lake Anna Real Estate (RE/MAX Lake & Country)


Hi Pat...In this instance the listing agreement and the offer in the MLS stated that the buyer's agent would receive a certain percentage of the selling price.  The same for the listing agent.  That is exactly what we did.  When the sale price was reduced at settlement  (seee last comment) the commissions were reduced.


Thanks for your contribution.


Kathleen

05/10/2008 03:43 PM by KATHLEEN ELIM, Lake Anna Real Estate (RE/MAX Lake & Country)


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Real Estate Sales Person: KATHLEEN ELIM, Lake Anna Real Estate (RE/MAX Lake & Country)
KATHLEEN ELIM, Lake Anna Real Estate
Spotsylvania, VA
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