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My newest addendum – I’m tired of losing my commission to stupidity!

By
Real Estate Agent with eXp Realty LLC 200311024

Photo coutesy of unseenobOver the past year, I've changed my business and I now sit down with every buyer and go over everything, including financing, before we go out and looking at even one home. One of the things that I tell them is that until their home has closed and recorded, they can not buy any big purchase, especially if it involves having to get credit to do it!

I repeat this over and over to them even while we are looking at homes, but four times in the last year, I've lost a commission because of buyers buying cars, tvs, stereos, and co-signing for others.

So, today, I've added a new addendum to my buyers packets that states "If you are pre-approved for a loan and you lose the loan within 10 days of closing, because of taking out additional credit you will be required to pay my commission, as I did the work that I was hired to do."

This document is about a page long and completely lays out what needs to be done and also says they got a copy of my buyers book that tells them what they can and can't do with money, credit or 401K until after close, unless otherwise instructed by their loan officer to do so.

Do you think I have made the right decision in making people start signing this as well as my buyer's agent addendum? I shouldn't have to protect people from their own stupidity by having them sign such a document, but times have now required me to do so.

 

Comments(95)

Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

Missy - Hey, I do something very similar and then we number them and we visit the three best last and the number one best choice gets a big blue #1 and they hold them and give me directions to the house. It sets in their mind that we are out to find there house today!

Vickie - I have not and I'm hoping not to have to ever see if it stands up in court, I'm using it more as a reminder to buyers the importance of keeping your credit in good standing while trying to buy a home.

Dawn - That is why I worded it the way I did. But, like you said, how enforceable are those buyer's agreements? I really don't see a difference between the two.

Aug 01, 2008 05:56 PM
Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

Mark - I'm hoping that no one ever is stupid enough to sign and then say, "Oh, I thought you meant prior to putting the offer in"

Paul - A closing coordinator told them that? Oh, there would be one less closing coordinator in the world if that had happened to me!

Venancio - If this works and I never even have to think about enforcing it, I may add more next year.

Aug 02, 2008 01:44 AM
SONIA GARNICA
1st Cap - Chicago, IL

Thats funny...But I guess some people are clue-less, I think its a good idea-Let me know if it works.

Aug 02, 2008 06:21 AM
Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

Randy - I am hoping I won't insult anyone, but I find it insulting to take my hard work and do something so stupid as buy something on credit so neither the mortgage broker or I get paid.

Ryan - I think that is why I am actually doing the form as a way to make it stick in their head more about being responsible with their credit during this time.

Petra - I'm not sure it is enforceable, but I am hoping to never have to find out. If someone strongly opposes it, then I will refer them to someone else in my office. I'm not going to waste my time on someone who probably wouldn't sign a buyer's agency agreement either.

Aug 03, 2008 08:26 AM
Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon


Jason - I don't think I would take anyone to court, but I'm guessing it will keep a few from doing it knowing that I could. Just like a buyer's agency agreement, I more than likely wouldn't take someone to court, but I could.

Judy - Oh, yes! I meet with the buyer and the mortgage broker at the same time and they all reinforce it as well. But, some I guess hear what they want to hear.

Mark - The wife would be worse than any contract that I could write.

Aug 03, 2008 11:30 AM
Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

Mott - I've been doing that and that hasn't worked. Mortgage approval they have, but one day before closing buying furniture or a car is stupid and has nothing to do with the original approval in my mind.

Katie - The fear is exactly why I do it, if they have that in their head while they have that pen in hand, it may keep them from doing something stupid.

Unusual commercial loans (2) - Thank you for understanding and I'm glad you enjoy my posts. 

Aug 03, 2008 04:04 PM
Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

Kathy - I've waived it a couple times also and have the same thing in my contracts, it really depends how they treat me and why they are canceling that if I'm going to charge them the fee or not.

Ronald - I don't care if it is enforceable or not, you are correct, I'm just looking for a way to make them think about it and make it less likely that I would even have to ever consider enforcing it.

Debbie - I'm not sure I will go that far, but maybe e-mail a copy to them.

Aug 04, 2008 01:39 AM
Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

Adam - I have done it now and plan to keep it going since no one has said no to signing it and understand exactly why I do it.

Cristal - Maybe I should name the contract that and then see if they are still willing to sign it.

Leslie - I see it no less ethical than having them sign a buyer's agency agreement telling them they can only use me as their agent. I'm really hoping to never have to enforce it and the fact that they sign it and my explanation to why they are signing it is enough.

Aug 04, 2008 02:40 PM
Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

Libby - Feel free to add it to you packet if you want, I have no problem if it helps anyone else who is having the same problem I am.

Lenn - Hey, not a bad idea (LOL) Can you get someone to sign an agreement to say they won't divorce until the house is paid off, I say go for it.

Latonia - I may try the retainer, that certainly would pay for my gas for all those time wasters we all run into.

Aug 05, 2008 02:38 AM
Jessica Beganski
William Raveis Real EState - West Hartford, CT

Todd,

I'm surprised with the luck you've had with buyers so can certainly understand the need to put something like this on a piece of paper.  While you may not be able to enforce, there is something official sounding and more professional about having a sheet of paper that spells out the repsonsibilities of buyers.  Good luck!

 

Aug 05, 2008 01:21 PM
Jim Curry
Long & Foster - Frederick, MD

Seems like a bit much; I think most people would have a problem signing.  I would also suggest having an attorney review and approve - there could be legal issues.

Aug 05, 2008 02:44 PM
Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

John - I am really leaning toward if anyone tells me they will not sign it then I am going to refer them to another agent as I'm not going to waste my time on someone who clearly isn't interested in buying.

Christina - I am hoping to never get to that point and my buyers start to understand the importance of credit.

Tim - To often people still do stupid things and they need to know this is what I get paid for. They work and they expect to get paid and I do a job for them and I also expect to get paid.

Aug 06, 2008 02:47 AM
James G. Pycha
James Pycha (R) - REMAX KAUAI - Princeville, HI
(R), REMAX Kauai Broker

Wow . . . pretty amazing information. It's good to have you blogging about inportant information such as this. Please keep us up-to-date on this subject as any new developments occur. Feel free to contact me directly here on Kauai (The Graden Island) in Hawaii.  Aloha  JIM

Aug 06, 2008 05:53 AM
Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

Christine - I don't know about how enforceable it is, but so far every buyer I've put it in front of has signed without even hesitating. (Of course I explain to them why I do it)

Teresa - If they aren't ready to be serious about buying them I have to many other clients that are serious and I don't want to waste my time on those type of buyers and I will refer them to someone else in my company or another company that isn't as busy. (And I have)

Dionne - That is exactly why I do this, I have expenses and I shouldn't have to lose money because a client does something that I've told them over and over not to do. This puts a thought of loss in their head and that can be the difference between them doing it or not. I like your idea of putting money in escrow with a seller and that protects your expenses if they make it impossible to sell a home.

Aug 06, 2008 04:00 PM
Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

Anne - This is exactly why this came about as I was hoping having them sign it as well as hear it, will get them to do what they need to do instead of not thinking and losing a home and a loan.

Aaron - It is all about psychology and that hopefully is the difference in them getting the house and not.

Debbie - Please come back and tell everyone how it is working for you. I am loving it and I am hoping in a years time that I can report that I have not only never had to enforce it or even talk about it again.

Aug 07, 2008 02:13 AM
Dionne Morgan
Realty World Solano Realty - Vallejo, CA
Broker REALTOR ,GRI, e-PRO

Todd, thanks for sharng your frustration on this subject. I deleted my comment on the Seller's deposit and fee because in it may create some confusion. It is a separate upfront 'no-fault' agreement and deposit with the Seller.   The seller simply agrees to share some of my cost and risk in the event my efforts are fruitless I absolutely, will not take the listing without it in this market.

Aug 07, 2008 05:10 AM
Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

Sonia - I am hoping to never know if it doesn't work!

Jessica - I think that it sounds official maybe enough to get most not to do anything stupid.

Jim - I haven't had one person have a problem signing it, I think it is the way I approach it.

James - I thought this was important enough to write and so far haven't had a problem with anyone signing it. Just had another two today sign it without question after I explained why I do it.

Dionne - Oh, you didn't have to do that. I don't think there was any confusion and I loved your idea. I'm actually working on getting something like that implemented now.

Aug 07, 2008 07:40 AM
Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

Liz - Activerain has a way of creating monsters, look at me, I am on here twice a day and pretty much all day on Thursdays. (Sad what I do with a day off - lol)

Colleen - I've always been willing to listen to new ideas, you can never change or expand if you don't learn something new. The idea of the mix I think is what I have been missing.

Pam - That is a very good question and if anyone has an answer please feel free to answer it here or put a link to the answer.

Aug 09, 2008 01:52 PM
Brenda Harmon
Century 21 Beal, Inc College Station, Texas - College Station, TX

Todd,

I warn people about credit issues and have not had a problem with this.

I know like everything else it will probably happen to me too.

Nov 10, 2008 11:32 PM
Andrew Monaghan
The Monaghan Group - Glendale, AZ
CRS, GRI, EPro Associate Broker

Great idea, its not what is in the document but that you get the point across, it may not be enforceable in court and there may be agency issues but if you get them thinking you win.

Dec 27, 2008 09:50 AM