5,224,095
1. Your broker should totally go to bat for you and fight this.
2. If they stick to the 'you pay to fight it,' then you let them know if you win (and you should), that they (your broker) will not be taking any part of the commission for which YOU fought.
We had this happen last year with one of our agents. Our attorney typed up a letter to the other brokerage and our agent's commission was totally paid! I believe the cost for that letter was $150.
After you receive your commission that YOU had to fight for, find a supportive broker!
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John Mosier
Prescott, AZ
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Mimi Foster
Colorado Springs, CO
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Susan Haughton
Alexandria, VA
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Debra Leisek
Homer, AK
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Margaret Rome Baltimor...
Pikesville, MD
-
Hella M. Rothwell, Bro...
Carmel by the Sea, CA
-
Pete Xavier
Pacific Palisades, CA
-
Ron and Alexandra Seigel
Carpinteria, CA
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Fred Griffin Florida R...
Tallahassee, FL
-
Debbie Gartner
White Plains, NY
-
shirley cicero
Livermore, CO
-
Bob Crane
Stevens Point, WI
-
Diana White-Pettis
Upper Marlboro, MD
-
Kathleen Daniels, Prob...
San Jose, CA
-
Frank Rubi
Metairie, LA
-
Brenda Mayette
Glenville, NY
5,102,824
I guess that is your broker's decision. I would not be affilited for long with a brokerage where the broker leaves me "hanging" that way.
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John Mosier
Prescott, AZ
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Mimi Foster
Colorado Springs, CO
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Kasey & John Boles
Boise, ID
-
Bob Betel
Sweetwater, TN
-
Ron and Alexandra Seigel
Carpinteria, CA
-
Fred Griffin Florida R...
Tallahassee, FL
-
Debbie Gartner
White Plains, NY
-
Bob Crane
Stevens Point, WI
-
Diana White-Pettis
Upper Marlboro, MD
-
Kathleen Daniels, Prob...
San Jose, CA
-
Frank Rubi
Metairie, LA
-
Brenda Mayette
Glenville, NY
5,583,278
pay the attorney.... you'll need to pay the broker.... and find another place to land....quickly.... start interviewing now....
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John Mosier
Prescott, AZ
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Margaret Rome Baltimor...
Pikesville, MD
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
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Debe Maxwell, CRS
Charlotte, NC
-
Fred Griffin Florida R...
Tallahassee, FL
-
Debbie Gartner
White Plains, NY
-
Diana White-Pettis
Upper Marlboro, MD
-
Kathleen Daniels, Prob...
San Jose, CA
1,539,715
Coldwell Banker said the same thing to me once years back when a client didn't want to pay the .5% they owed me from a Buyer/Broker Agreement. I would have spent more on the attorney. Those docs are there for psychological leverage, it seems they literally are not worth anything beyond preventive measures that are not fail-safe.
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Margaret Rome Baltimor...
Pikesville, MD
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Debe Maxwell, CRS
Charlotte, NC
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Ryan Huggins - Thousan...
Thousand Oaks, CA
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Diana White-Pettis
Upper Marlboro, MD
-
Kathleen Daniels, Prob...
San Jose, CA
-
Lyn Sims
Schaumburg, IL
2,682,719
1. Sue that Buyer for your commission.
2. File complaint with Real Estate Commission and sue the other Agent for tortuous interference (check your state law, etc.).
3. Get another Broker.
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Kasey & John Boles
Boise, ID
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Bob Betel
Sweetwater, TN
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Debe Maxwell, CRS
Charlotte, NC
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Eve Alexander
Tampa, FL
1,193,135
The signed agreement is just a formality we push trying keep buyer loyalty. Pick fights you can win.
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Debe Maxwell, CRS
Charlotte, NC
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Kathleen Daniels, Prob...
San Jose, CA
-
Brenda Mayette
Glenville, NY
142,796
I would move on to the next client and depending on the reasons given by the broker for not fighting it, I would look for another place to call home.
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Gita Bantwal
Warwick, PA
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Susan Haughton
Alexandria, VA
-
Debe Maxwell, CRS
Charlotte, NC
7,822,429
Move on to another prospect.
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Gita Bantwal
Warwick, PA
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Debe Maxwell, CRS
Charlotte, NC
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Sam Shueh
San Jose, CA
921,504
Karen, I suggest focusing your business towards 'loyalty programs' that create great incentive to stay loyal.
Then I would re-evaluate what you are paying your broker for. It is possible your brokers 'pay for it' comment came in a waterfall of words to justifiy that position. My take on what you shared is your broker has a loyalty problem regarding agents. They ALL do, but some disguise it better.
If your broker does not have the agents best interests in mind, then your choice is find one that does OR pay for what you are actually getting.
This is another real estate example of "FULL SERVICE" means, whatever I choose to do. Your brokers action, from what you shared, falls well short of FULL SERVICE. So what are you paying for?
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Debe Maxwell, CRS
Charlotte, NC
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Debbie Gartner
White Plains, NY
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Kathleen Daniels, Prob...
San Jose, CA
823,479
Time to find a broker who will back you. If not, what are the contracts such as the buyers broker agreement for?
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Kasey & John Boles
Boise, ID
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Debe Maxwell, CRS
Charlotte, NC
-
Brenda Mayette
Glenville, NY
3,626,530
At the very least your broker should have made a phone call in your behalf to the broker of the agent who wrote the contract.
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shirley cicero
Livermore, CO
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Debe Maxwell, CRS
Charlotte, NC
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Nina Hollander, Broker
Charlotte, NC
2,357,625
Find a new broker who has your back - that is a really weak response - imagine what the response will be the next time you need help. I agree with Fred Griffin - don't forget to go after the other agent for your commission - it may or may not have been that agent's fault that the client wandered. I also agree with Debe Maxwell, CRS that a strong letter can do the trick and not cost very much -
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Debe Maxwell, CRS
Charlotte, NC
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Brian L. Sirota, Esq.
Orange, CA
1,621,596
Let me be honest.... I'd leave that broker in a heartbeat. (=Run!)
Is it some kind of online broker with no decent insurance?
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Susan Haughton
Alexandria, VA
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Debe Maxwell, CRS
Charlotte, NC
4,924,982
I being a broker, would back you up and fight it.
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Debe Maxwell, CRS
Charlotte, NC
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Kasey & John Boles
Boise, ID
5,772,470
Karen,
Both Debe Maxwell, CRS and Nina Hollander said it well....A
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Debe Maxwell, CRS
Charlotte, NC
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Nina Hollander, Broker
Charlotte, NC
3,988,007
These things are hard to fight and the worst part is the rejection. If it is a matter of principle to you and you are totally in the right, pursue it. The downside is the time and attention it will take away from you other business and is it worth it? If the other agent knew beforehand and stepped on your agency, you may can file a complaint with your Board.
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Kasey & John Boles
Boise, ID
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Nina Hollander, Broker
Charlotte, NC
613,494
First of all...
You are the agent and cannot fight anything...only the broker can. The buyers broker agreement is with you broker, just like a seller listing is.
Many years ago, I did sue a buyer on behalf of my agent. Buyer paid the attorney fees and made payments to us for 2 years. It was worth it.
Another time one of my agents wanted me to sue a buyer that bought without him. I refused because I learned he had the buyer sign the agency agreement on top of the car while showing homes.
There is something call "informed consent"...it is the buyer agents job to make sure that the buyer understands what they are signing and what the reprecussions can be. My buyers agent did not do that.
Eve
Ps: I would need to know more about your case before I would recommend anything.
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Debe Maxwell, CRS
Charlotte, NC
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Kasey & John Boles
Boise, ID
6,380,446
If you win, does your broker still expect their cut of the winnings?
Time to shop for a new broker.
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Bob Crane
Stevens Point, WI
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Debe Maxwell, CRS
Charlotte, NC
5,205,874
Will your broker file a complaint at the Board. You may end up with a Professional Standards hearing and a compensation award!
As for the attorney, check you independent contractor's agreement!
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Debe Maxwell, CRS
Charlotte, NC
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Frank Rubi
Metairie, LA
4,872,859
Are you and the other agent REALTORS®? Our COE prohibits suing another agent for a commission. If you think you can prove that you are the procuring cause check with your local board about filing a grievance.
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Kasey & John Boles
Boise, ID
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Frank Rubi
Metairie, LA
577,750
The brokerage should help you fight this. We have had a few situations like this where the broker was very involved. Not only did the Judge rule in our favour (my brokerage, not me personally) and I beleive we also had court costs paid the Buyer who broker the agreement.
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Kasey & John Boles
Boise, ID
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Debe Maxwell, CRS
Charlotte, NC
259,005
Fred has a great answer. And yes, get another broker.
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Debe Maxwell, CRS
Charlotte, NC
1,027,602
Wow, no way. Our brokerage has a legal department to deal with these issues and would not pass that expense along to the agent. I would find another broker. In the meantime, you always have the option to consult an attorney and see if their charges would be worthwhile, depending on the anticipated commission. Sorry this happened to you.
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Debe Maxwell, CRS
Charlotte, NC
881,832
For me, I would call this education and learn from it. I would work on my skills as a salesperson and I would find another brokerage to work with. You might want to consider a more supportive broker who actually helps train and assist you. They also will support you in times like this. Real Estate is layers of training and relationships from all angles, the foundation you receive from a good broker can help solidify your career over the years in many ways. Learn from this but don't dwell on it.... move on the market is hot go sell something!
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Debe Maxwell, CRS
Charlotte, NC
5,862,877
We have had these situations in CO too, and it takes more than just a signed buyer agency. I too think you need a more supportive broker.
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Debe Maxwell, CRS
Charlotte, NC
809,258
The BBA is between the broker and client. The broker has to be on board with any pursuit. If they will back you on the pursuit but won't pay attorney fees you will just have to decide if it's worth your time and money.
The pursuit of commission based on the Buyer Broker Agreement has absolutely nothing to do with the other agent UNLESS there is a procuring cause case.
The other agent COULD be in violation of the Code of Ethics or interfering with a contract IF they knew. Buyers lie. Perhaps the agent didn't know there was a signed agreement with the buyer and another agent. They are required to ask, but I think you'd have to prove that this agent did it knowingly and blatantly. If you are both REALTORS you can file a grievance, but I've been on grievance committee and again, you'd have to have proof for it to move forward. Or if there is a procuring cause case you can file for arbitration, again proof of procuring cause would be required.
As far as your Broker goes - it's their prerogative to care or not about this, but it's a good reason to sign on with a broker that you know and trust and who has your back. I'd consider finding another Broker.
-Kasey
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Debe Maxwell, CRS
Charlotte, NC
4,319,419
Debe Maxwell, CRS nailed it, Karen Jones Lewis, MBA, Realtor.
You sure want a support from your brokerage.
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Debe Maxwell, CRS
Charlotte, NC
3,986,252
Yes, you would be paying the bill, but the Broker should be next to you in court...he or she has money riding on this also.
Taking this to court to get your commission is a must in order to show others that a contract is a contract|!
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Kasey & John Boles
Boise, ID
44,373
Wow...I would hope at the very least my broker would at least make a call to the other brokerage company. I would want to work for a company that gives me support.
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Debe Maxwell, CRS
Charlotte, NC
1,501,618
Looks like you have a lot of good answers here. I don't use the BBA, so I can't help there.
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Debe Maxwell, CRS
Charlotte, NC
1,724,986
As Debe Maxwell, CRS wrote. Fight like there is no tomorrow
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Debe Maxwell, CRS
Charlotte, NC
1,157,785
What does your contract with your brokerage say?
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Debe Maxwell, CRS
Charlotte, NC
2,779,653
SOME OPTIONS.....
Contact other Broker
File ethics complaint
Negotiate finders fee type deal
File small claims action represent yourself
Live & learn...move on
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Kathleen Daniels, Prob...
San Jose, CA
4,800,082
5,044,753
Sounds like it's time to find another broker and move on
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Debe Maxwell, CRS
Charlotte, NC
599,124
You have a contract. The other agent's Broker should honor that contract. If they refuse, hire an attorney and go after your commission as well as the attorney fees. If your case is clearly documented, you may be able to negotiate compensation without going to court. I would start by asking for the entire amount but be willing to settle for a referral fee just to put an end to it.
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Debe Maxwell, CRS
Charlotte, NC
1,466,207
Karen Jones Lewis, MBA, Realtor I've heard of this happening before where the company won't stand behind their BBA contracts. Put in a grievance with your local Association. The client probably didn't know any better and the agent went behind your BBA.
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Frank Rubi
Metairie, LA
2,180,305
Read COE , SOP 16-9 & 16-14 . It is crystal clear the other Agent had a COE responsibility to the consumer also .
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Debe Maxwell, CRS
Charlotte, NC
988,852
This is a basic reason why I don't bother with these agreements - not worth the paper they're written on and unless you have deep pockets, not worth trying to collect on - move on is my suggestion
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Sam Shueh
San Jose, CA
1,842,961
I have had it happen where my broker did not feel the battle was worth it. What do you think & do that. We would have to arbitrate it in our board first.
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Debe Maxwell, CRS
Charlotte, NC
851,231
This might just be a blessing... use the energy you'd use in fighting the fight with the buyer to find a broker worthy of your affiliation.
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Debe Maxwell, CRS
Charlotte, NC
1,712,676
I think the broker is wrong. This is something that can be settled in dispute resolution set up through your local ro state association.
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Debe Maxwell, CRS
Charlotte, NC
151,633
I feel your pain. I had this done to me as well and I was very upset about it. However, the cold, hard reality is that it's not worth it to the broker to battle it out.
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Debe Maxwell, CRS
Charlotte, NC
910,278
Those scenarios happen often, and it's why many agents don't bother with buyer broker agreements. Although it's better to have one than not have one. I don't know the facts, but it might be worth consulting with an attorney.
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Debe Maxwell, CRS
Charlotte, NC
1,390,113
If you showed the buyer the home and negotiated a fully executed contract, you're entitled to a commission. Other than that, you're not due commission.
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Debe Maxwell, CRS
Charlotte, NC
177,749
Pete
Thank you for your comment. Understand totally but what would be purpose for getting it signed.
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Debe Maxwell, CRS
Charlotte, NC
952,122
Be wise to pick which battles to fight in real estate. Give it some time and thought if this battle would be worth it.
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Debe Maxwell, CRS
Charlotte, NC
4,434,127
1,617,916
899,018
1,239,320
How do you prove the house you showed is represented by another agent?
Documentation, documentation, and trust.
I agree with your broker.
I rarely showed people homes for the same reason. Those really wanting a place go direct to listing agent w/o you.
3,071,489
3,416,022
I think the broker is wrong not to have your back. I would send them a bill based on what they are buying and without a lawyer can file a suit against them. I have taken people to court, although rare, when they are in default and did it blatantly.
1,513,143
If you were in constant contact via phone calls and in person it is worth the fight; if not back to the drawing board.