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Agents: How would you *SPLIT* this Commission?

By
Real Estate Agent with Century 21

Agents: How would you *SPLIT*  this Commission?

A fellow agent named Joe ran into this situation. He found the lead and asked a fellow agent Larry to come along with him to the appointment to meet the seller for a listing. It is for a shortsale. The reason Joe asked Larry to come along is that in case the seller is more comfortable speaking spanish instead of english so having an interpreter would be beneficial. After meeting with the seller, they got the listing to do the shortsale on the house.

Here is the situation. Larry does not like to deal with paperwork or negotiate on the shortsale with the lenders. He is not patience and is not really organized when it comes down to handling paperwork. So, to recap here is the breakdown.

1) Joe finds the lead

2) Joe invited Larry to come along to the listing presentation in case help is needed

3) Joe will handle all the paperwork gathering such as Listing agreement, shortsales package, etc

4) Joe will make the calls and negotiate with the lenders for the shortsale approval, (ie, faxing to the lenders, spending time on the phone talking with the negotiator, following up on the buyers agent to keep them posted as to the status of the shortsales, etc)

5) Joe had Larry to help him do open house on the property twice already

In conclusion, Joe pretty much did everything in this transaction. They have agreed on a 50/50 split on the commission. I haven't run into this situation before but what do you think would be a fair split in this case or in future transactions?

Agents: How would you *SPLIT*  this Commission?

Larry Riggs
Century 21 Redwood - Frederick, MD
GRI, SRS Your Frederick County Specialist

Jim,

    When I was in management I had that exact situation happen with two of my agents. I really felt for the agent doing the work but I told her she had to honor her original agreement. I had previously told her to be careful when getting into an agreement with any other agent. Make sure you have the terms clearly worked out. Although it seems unfair to give up what you feel is more than your fair share in the long run it's better. If you try to change the terms midstream you will get a reputation of not keeping your word and no other agents will want to work with you.

Sep 14, 2008 09:50 PM
Kris Wales
Keller Williams Realty - Lakeside Market Center - Macomb, MI
Real Estate Blog & Homes for Sale search site, Macomb County MI

This is something that should have been agreed upon prior to taking the listing.   Division of work, who is responsible for what, sharing of comissions, etc should not be coming up after the fact.  That being said, 50/50 is fair considering nothing else appeared to be agreed upon prior to the listing.

Sep 14, 2008 11:19 PM
Carol Culkin
Diamond Partners Inc - Overland Park, KS
Overland Park Residential Real Estate

Stick to whatever was initially agreed upon - let it be a lesson. Ask - what would you do differently the next time?

Sep 15, 2008 03:09 AM
Ellie McIntire
Ellicott City Clarksville Howard County Maryland Real Estate - Ellicott City, MD
Luxury service in Central Maryland

This is just one transaction. Joe needs to look at the bigger picture. Will he want Larry to assist him in the future.

Sep 15, 2008 03:12 AM
Jim Quinn
Century 21 - Anaheim, CA
North Orange County Real Estate

Larry, thanks for dropping by. It is true to honor the commission split. Going forward, would you say this is a fair split if they are to work together in other deals? Personally, I would say the split is high given the amount of work for one person.

Kris, truly stated. Would you say this is proper split for future transactions? I'd be curious to hear your input.

Carol, even though Joe said it was a verbal agreement, I think it should still be honored. However, what do you think is a fair split given the circumstances for future deals?

Ellie, good advice about looking at the bigger picture. If he chooses to work with Larry again on similar case, do you think the 50/50 split is fair or should it be altered?

Sep 15, 2008 06:27 AM
John Cannata
214-728-0449 http://TexasLoanGuy.com - Frisco, TX
Texas Home Mortgage - Purchase or Refinance

I have to agree with Kris.  This is something that should have been agreed upon prior to the meeting.  Identify who will do what in exchange for the correct split.  If one person was doing more, then the split should show the correct percentage (or at least be agreed upon by both parties).  At this point, I think a 50/50 split is the only way to go.  If someone did some more work, that is a shame, but that is the cost of doing business when it was not clear in the beginning.

Are you Joe or Larry?

Sep 15, 2008 09:51 AM
Jim Quinn
Century 21 - Anaheim, CA
North Orange County Real Estate

Hi John, thanks for the comment. I am neither Joe or Larry. I spoke with Joe who is a fellow agent in the office and that is how I found out about the story. He thinks that it is unfair since he is doing most of the work. However, like you have stated, it should have been ironed out from the start. Hopefully, he can learn from this and move on.

Sep 15, 2008 01:05 PM
A. J. Fischer
Keller Williams Ft Myers & The Islands - Fort Myers, FL
CDPE, CRS, ABR, GRI, ASP, CREA, SFR

Hi Jim...I have to agree with the majority.  You should always agree before hand and honor whatever the agreement was. Sometimes there is always one who does more than the other, but your are a team for that deal and maybe next time he will pick up the slack on that transaction.

AJ

Sep 15, 2008 01:10 PM
Jim Crawford
Long & Foster - Fredericksburg, VA
Jim Crawford Broker Associate Fredericksburg VA

Splits are determined before you get into the deal, and they are put in writing.  2nd thing, I do not do short sales.  I like to be compensated for my work in a manner that alows me to pay the bills.  Agents working for half fees are going to have to ask themselves would you even be covered on O&E if something goes wrong?   Now you want to split the 1/2 a commission into a 1/4?  Do you hear yourself?

Sep 15, 2008 01:15 PM
Sheila Moran
RE/MAX Access (Garden Ridge, San Antonio, New Braunfels) - New Braunfels, TX
SanAntonioSheila.com, RE/MAX Access, 210-32

Jim,

Agreed that they should have both known their roles in the transaction...but you never know if Larry will get tired of "doing the paperwork" and these two seem like they compliment each other that they could work some deals together in the future...you never know what will come from it!

Sep 15, 2008 02:04 PM
Jim Quinn
Century 21 - Anaheim, CA
North Orange County Real Estate

AJ, right on.

Jim, shortsales are not the easiest to do. They are time consuming and require much patience indeed.

Sheila, it is all in the matter of agreements. Maybe their split would be better down the line as they draw the split commensurate with the work associated.

Sep 20, 2008 05:39 AM
Ken Medeiros
K&M Medeiros Real Estate - Falmouth, MA

I agree that the work load is uneven, but the split appeared to be agreed upon at the start. You always need to honor your agreed fee structure.

Sep 22, 2008 02:53 AM
Jim Quinn
Century 21 - Anaheim, CA
North Orange County Real Estate

Ken, agreed upon split must be honored. It is just an expensive lesson for that agent.

Sep 23, 2008 04:15 AM
Lauren Sisson
Coldwell Banker United - Cornelius, NC

The "who is doing what" needs to be decided prior to the transaction. The involvement in the transaction of each person should be the determining factor of the split. If you only need a translator to help with negotiations, maybe a referral fee would be appropriate next time. It appears from the senario that Joe knew that Larry was only there as a translator and open house helper. Joe shouldn't have agreed to a 50/50 spilt knowing this up front. At least next time he will think it through a little more...

Sep 23, 2008 12:40 PM
Brenda Harmon
Century 21 Beal, Inc College Station, Texas - College Station, TX

Honor the agreement.

I think in the future an 80/20 sounds more like it.

Sep 23, 2008 06:40 PM
Jim Quinn
Century 21 - Anaheim, CA
North Orange County Real Estate

Lauren, the split is off when the workload is factored in. This is food for thoughts when they venture on future deals on how to fairly structure the deals.

Brenda, I agree that myself. If they both had look through the division of labor, a 75/25 or 80/20 split sounds fair enough in this situation.

Sep 28, 2008 11:34 AM
Jamie Dumaine-Russell
RE/MAX Alliance - Branford, CT

Jim - Lots of interesting comments here.  Like many here if the duties of each agent weren't spelled out prior to taking the listing then it sounds like the 50/50 split has to be honored. Tough learning experience for Joe but hopefully a lesson learned for the next time.

Oct 04, 2008 08:54 AM
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home is where the hearth is.

i agree... the 50/50 must be honoured.  After all, Joe wouldn't have had the listing at all, had Larry not come along.

For future, if Larry is only going to be the interpreter, and not do anything else... then 75/25 seems more reasonable.

Oct 04, 2008 09:01 AM
Jim Quinn
Century 21 - Anaheim, CA
North Orange County Real Estate

Donna, tough lesson for Joe indeed. Thanks for stopping by!

Alan, I agree that a 75/25 split might be the way to go next time they venture together.

Oct 07, 2008 05:53 PM