Many, many years ago, I represented a buyer on a new construction home. This is my 3rd post in the March to a Solution Challenge. These posts for this challenge have been very interesting for us all.
In this particular situation, I was first contacted by Mrs. Buyer. She and I were in constant communication, she was the only person to actually look at the homes, and, she handled all of the negotiations. I knew that she was married, but until the day of the final walk-through, I had never met Mr. Buyer.
Closing day had arrived and I finally met Mr. Buyer at the walk-through prior to heading to the title company. What was interesting is that the only words spoken to me by Mr. Buyer were regarding my commission. He asked me, "When will you be writing us a check for your 3%?
I calmly replied, "Sir, I am not sure why you are asking me this question?" He said, "You told my wife you would be paying us your commission." Now, I am getting a little heated as the wife simply stood there without saying a word.
Thankfully, remaining calm was in order as I explained that in Texas, the Seller has already negotiated the buyer agent commission which was reflected in the MLS. Additionally, Mrs. Buyer signed a Buyer Representative Agreement stating that she understood as her agent, I would be receiving a commission. And finally, the actual contract they both signed clearly shows the amount of the commission being distributed to the buyer agent.
At that, I walked them out of the home and said I would see them at closing. I had my assistant send all paperwork via email to both of them as I drove to the closing just to make sure they had every document I had mentioned. They showed up, we closed and it would seem that all was well. Not so fast!
Six months AFTER the closing, I received a call from Mrs. Buyer. I could hear Mr. Buyer in the background. She said, "We are still awaiting that commission from the purchase of our home." Shocked as I was, I again explained I work for a living just as I am sure they did too. I reminded them of the paperwork they signed that clearly spelled out how the commission was being disbursed.
Unbelievable! I still do not understand exactly what transpired other than either not fully understanding how agents get paid or why they felt they had "earned" the commission. I never had a conversation with Mrs. Buyer stating I would be giving them my paycheck. So strange.
It has now been years and I have not heard from them again. The whole thing was very interesting. Thankfully, all paperwork and documentation were very clearly laid out and provided. The moral of the story - is always to make sure your paperwork is in order.
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