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A Listing Agreement is a Contract & YOU Signed It!

By
Industry Observer

 

Signing the Listing Agreement

signed agreementReal Estate Agents receive a large check at most closings. The check is deposited in the bank and divided up with the brokerage and a previously negotiated part of that amount is then handed to the individual agent. The agent then pays bills from that newly received paycheck. The amount left over is the profit for ALL the work that agent completed during the process. Since it is a large check for the seller to write, it seems that agents are getting rich at the closing table from the profit taken. In most situations that is NOT the case. 

Mr. Seller. Please know that I spend many hours marketing your property or looking for buyers to bring to your home. I run a business and therefore I have overhead. I pay dues to many origanizations to be able to work as a real estate professional, and trust me those fees add up. I pay for continuing education and training. I have a website that allows potential buyers to find your property online so that they can decide to visit your home.  Many times I am a buyers agent and I bring to see your home. Yes, I still pay all those fees to run my business. It is not magic that sells a home, it is hard work. 

Once I find that buyer for your home my job doesn't end. Now the work can get tougher in many cases. I am working directly with the buyers or their agent to make sure that home inspections are done, contracts are signed, appraisal and bank documents are all where they need to be on a continual basis. I oversee so many details of the process, and follow up on all of this takes time and commitment and expertise to make things work. Not everything goes smoothly, but I work to iron out those blips.

I realize that when I do my job right that it seems that I did not do much of anything. A seemless transaction or one that seems to have hiccups along the way that quickly get resolved means that I am on top of the situation working for the sale to be completed as you would expect. I give a 100% and more to my clients and customers as well. I make sure that everything in my power makes it look easy and that a sale gets to the closing table. You see if the deal doesn't go through everything I worked so hard for is lost. I get paid nothing for any of my time already invested. It happens, and that is part of how this business works.

I do however expect that when we are headed for the closing table that the listing agreement will be honored as it was negotiated before we began this process. I do understand that you did not like the process as you felt "inconvenienced" with how the selling process works. I am aware that it cost you more to move than you expected. I do understand that it was not fun for you and it was most stressful not knowing how it would turn out. You feared that the buyers might not get their mortgage and you were ready to move out. In spite of your fears, we they did get the clear to close.

What I don't understand is why you would even consider asking me to cut my commission as you think that you are entitled to some compensation for your worries and additional expenses. Yes, the process of selling a home is challenging and most people are not fond of the process, but I can't change that.  I did my job bringing you a buyer that is performing. Our closing date is set and everything is in order. Asking me to cut my commission and the other agent involved to cut theirs too is absurd. I don't think you would ask the dentist to cut his fee if your visit was more or less painful? Maybe you would, but I can assure you his answer would be the same as mine. NO! There is not going to be any negotiation on this from me.

You signed a binding contract with the listing agent when the home was put on the market and the commission was clearly stated at that time. As the buyers agent I am entitled to that fee. There is no room for negotiations here Mr. Seller. I am so sorry that your experience was less than you expected. I did bring you a buyer after over two years of your home being on the market. In my book that is a winning scenario.  See you at the closing table.

published by: your real estate expert Janis Borgueta Key Properties of the Hudson Valley as a community service in Newburgh NY. To receive more real estate information please subscribe to this blog.

Comments(64)

Frank Castaldini
Compass - San Francisco, CA
Realtor - Homes for Sale in San Francisco

My answer to reducing commission is "no, I understand you would like that but it's not something I do.  Now what else can we discuss?"  Thanks for the article.

Jan 07, 2015 01:37 AM
Pamela Seley
West Coast Realty Division - Murrieta, CA
Residential Real Estate Agent serving SW RivCo CA

I believe this comes from the past climate pre-housing bubble of "free money," and sense of entitlement. There are some people who really believe they shouldn't have to pay for stuff, or services, and if they can find an excuse to get out of paying, they will. I'm surprised the listing agent said a word to you about reducing commission. We have a form in California that protects commission for buyer's agents, and I will be using it on every transaction in the future (in fact -- don't quote me, but it may be a required addendum on purchase contracts starting this year). Regardless what kerfuffle about commission renegotation goes on between the listing broker and the seller, a selling agent would not be required to reduce their commission. As Alan May mentioned the commission to be paid to the selling agent is between co-operating brokers, not the selling agent and the seller. If I were the selling agent in this transaction, I would ignore any mention of commission reduction. 

 

Jan 07, 2015 01:41 AM
Richard Iarossi
Coldwell Banker Residential Brokerage - Crofton, MD
Crofton MD Real Estate, Annapolis MD Real Estate

I'm always amazed at the number of people who think our commissions are up for grab. They would be shocked to know how much the average real estate agent makes each year.

Jan 07, 2015 02:26 AM
Dagny Eason
Dagny's Real Estate - Wilton, CT
Fairfield County CT, CDPE Homes For Sale and Condo

Janis - awesome post!    Sounds like someone got under your skin a little.    I had a buyer negotiate me out of part of my commission years ago, and now he may be asking me to list his house..........Hmmmmm  Not so fast!

Jan 07, 2015 04:07 AM
Kevin Mackessy
Blue Olive Properties, LLC - Highlands Ranch, CO
Dedicated. Qualified. Local.

I'll only discount seller's if they're friends of mine who happen to be investors, and will buy again right after the property is sold.  Otherwise they have to pay up. 

Jan 07, 2015 08:11 AM
Janis Borgueta
Newburgh, NY
Retired RE Salesperson

To be clear Joan Cox this was NOT my listing. I worked with the buyers only. The listing agent contacted me prior to the closing to tell me that they had approached her about the commission and that they were asking "why not"? She told me ahead of time so that I was not caught off guard at the closing table.  A true professional, she told her sellers that it would not fly. Difficult people they were, and she was just being proactive to let me know before hand.

We closed and it was never mentioned again.

Jan 07, 2015 09:10 AM
Janis Borgueta
Newburgh, NY
Retired RE Salesperson

Alan May the listing agent was just giving me warning that it might come up. NO, it was never up for grabs. NOT happening. If the listing agent decided to cut her commission that would have been her part and not mine. 

Jan 07, 2015 09:13 AM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

What people don't understand in a COMMISSION BASED business . . . for every deal that closes . . . there are those that don't, there are buyers that don't purchase, many hours of working for leads, etc.  These hours ADD UP and accumlate without pay!  The deal that closes is not just the time we spend or have worked COLLECTIVELY in our business. 

Jan 07, 2015 09:15 AM
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

It never ceases to amaze me that people think we don't need to get paid for our work. Does our money grow on trees? No we work hard for it, and as you stated, sometimes we work hard and don't get paid at all. We have to pay our electric bill, water bill and put food on the table and gas in the car just like everyone else. 

Jan 07, 2015 10:37 AM
Tom Bailey
Margaret Rudd & Associates Inc. - Oak Island, NC

There are some jerks in this world. I have a friend who always tells sellers " let's look at the contract and we will do what the contact says".

Jan 07, 2015 11:20 AM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Janis, since this seller had your time and efforts tied up for 2 years, I would think he should have offered a higher commission!  

Jan 07, 2015 08:30 PM
Janis Borgueta
Newburgh, NY
Retired RE Salesperson

Gabe Sanders fortunately they were NOT my sellers. I worked only with the buyers. Interestingly enough the home was on the market with three different REALTORS ( poor things) and they tried to FSBO it for a while. That is the reason that the home was on the market for so long. I was just the agent that brought them a real buyer that was able to perform. Hmmmmm.???

Jan 07, 2015 09:47 PM
Brad Rachielles
CENTURY 21 Peak, Ca BRE# 01489453 - Upland, CA
REALTOR, CDPE, Upland, CA

AMEN!

Jan 08, 2015 12:00 AM
Digital Digital
Alachua, FL
full service

Hi Janis,

Happy New Year!

I hope everyone works out well on this transaction.

May 2015 be filled with peace and prosperity.

 

Jan 08, 2015 10:06 AM
Gayle Rich-Boxman Fishhawk Lake Real Estate
John L Scott Market Center - Birkenfeld, OR
"Your Local Expert!" 503-739-3843

Janis, AMEN, sister! And God Bless the listing agent, too. I think we could ALL go on and on about "unworthy" sellers. This seems to give us an inkling as to why it took 2 years to sell, perhaps? Thank your lucky STARS that these people weren't your listing. Dodged a big bullet on that one!

(Gosh, I wonder if they got a closing present?? I think not.)

Jan 12, 2015 01:47 AM
Janis Borgueta
Newburgh, NY
Retired RE Salesperson

Oh yes Gayle Rich-Boxman Fishhawk Lake Realtor (503)755-2905 she earned her money too. I don't know if they got a closing present. The home actually closing in spite of them being quite so difficult was more than enough. Time to move on to the next adventure, as their will be more that will trigger the memory of this one. When I retire I'll write a book.

Jan 12, 2015 02:26 AM
Robert Vegas Bob Swetz
Las Vegas, NV

Hello Janis ... VB almost missed this wonderful post, congrats on the "Gold" and your post has been featured to the group:

EXPRESS WITH WORDS AT ACTIVERAIN

Jan 13, 2015 10:02 AM
Janis Borgueta
Newburgh, NY
Retired RE Salesperson

Thanks Robert (Vegas Bob) Swetz Much appreciated!!

Jan 13, 2015 11:41 AM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Janis the good news is there is only a small percent of sellers that try that... well you can not blame them for asking...if you are weak you give in.... I have never heard of  a deal fall app art over $5k... usually what they want reduced... so if they do not want to sell fine with me... they do not have to sell just like I do not need to reduce my fee...Endre

Sep 24, 2015 04:12 PM
Janis Borgueta
Newburgh, NY
Retired RE Salesperson

Good morning Endre Barath, Jr. seems more often it happens. I envy your market that $5K never kept a deal from falling apartment in your market.  I have seen it happen for less than $2000.00 The buyers couldn't come up with cash out of pocket at closing and the sellers said forget it. The property should have sold that day.  It did not and the seller lost more than $50K in the next year. 

Sep 24, 2015 08:47 PM