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WARNING! Make sure you get ALL forms signed, it saved me my commission!

By
Real Estate Broker/Owner with Owner/Broker RE/MAX Elite Realty 261013

I had an inside scoop on a home that was going into foreclosure.   I had been keeping in constant contact with the local bank because I knew how much this home was worth because our company built the home.  The home owner pulled a fast one the day it went to the court house steps and had filed bankruptcy so it was stopped.  The local bank took them to court and said NO we have already filed foreclosure sorry.  They won their case and it went back in foreclosure.

Back to the court house steps it went.  We went to the foreclosure and the bank ends up with the home which I was hoping it would because it had other liens that would disappear if the bank got the home.

Bank calls me due to my diligence in staying in contact.  Since you have stayed up to date with us we wanted to give you the first shot at selling this home, do you have someone to buy it?  Of course I am all excited and say "can you give me some time or are you wanting to list it".  This bank will not list foreclosures because they do not want to play favorites and it being a smaller town.  OK, I tell them to give me a week and they agree.  I call everyone I know and the grapevine traveled fast.  A lady comes from another state in one day and we had a contract in 2 days! 

Here is the IMPORTANT PART.  I was so rushed in all this and excited.  I had to slow myself down and make sure all important papers were signed not just the contract was important.  I had the bank CEO sign an unrepresented seller agreement with my commission clearly stated on the sales price and asked him was he the final person in charge, no other person needed to sign guy.  Now we are all signed, we have inspections and an appraisal and none of them were needed but we still thought they were important to have done.  Our closing attorney faxes our HUD to us and the bank.  I get a call and they say everything looks good except your commission.  It should be 3% not 5% of the sale price.  I say, didn't I give you the unrepresented form I had signed by the bank?  Oh yes here it is, let me fax that over to the bank.  It's almost 5pm so I know I will not hear anything today. 

I am so glad I had the smarts enough to pull that form out or I would not have a leg to stand on!  I went home all mad and going over in my head what I would get if my commission was dropped or could I negotiate a new commission.  I was up at 3:00am the next day worried how I wasn't going to get what I was promised.... on and on in my head. LOL

Finally, they call and say I am getting what the form stated.  Whewwwwwwww. Our attorney says the only reason you are getting it is because you did your job.  I can't say this enough, Slow down and make sure you get everything in writing!!! 

Posted by

June Tassillo ~ Owner/Broker/SFR Let me help you with the next phase of your life!

  

 

June TassilloRe/Max Elite Realty Franklin, NC  

  ~ June Tassillo ~

    Owner/Broker

RE/MAX Elite Realty

1296 E. Main St. Franklin, NC 28734

Cell: (828) 371-2339

junetassillo@gmail.com

www.JunesRealtor.com

If you are Buying, Selling, Relocating or want a Second Home in the Franklin, NC area and need help from a Professional Real Estate Broker, I would be happy to assist you with the next phase of your life! Visit my Web Site & Be my Guest on our MLS and search for properties in Macon County, NC for free.

Pippa Mac
Chevaux Group Realtor, The Woodlands and Spring - The Woodlands, TX
The Woodlands TX Real Estate

June ... awesome ... I'm so glad you presented your case!

Jan 31, 2009 09:30 AM
Roseann Annis
Prudential Homesale Services Group - Camp Hill, PA

Well done!  Kudos for doing your work, being proactive, and for following through.  You deserve every penny of your compensation.

Jan 31, 2009 10:13 AM
Chris Oliver
Century 21, Preferred Properties - Reynolds Plantation, GA

I always take a moment before presenting and think 'show me the money' if I have any doubt whether I'll see it I fix the paperwork pronto. Never pays to slack off on that point. Literally.

Jan 31, 2009 10:49 AM
Mary Kent
Five Star Real Estate - Grand Rapids, MI
Grand Rapids to the Lake Shore

June-Way to be on top of your game! You really have to slow down and make sure all things are in proper order. Best to you in 2009!

Jan 31, 2009 12:12 PM
Mo Thweny--Oakland County Homes
Remerica Hometown One - Commerce Township, MI

Wow...smart! I will keep that in mind if this ever happens!

Jan 31, 2009 01:48 PM
Morgan Evans
Douglas Elliman Real Estate - Manhattan, NY
LICENSED REAL ESTATE SALESPERSON

Alright, a success story about an agent getting what they deserve!  It pays to be meticulous.

Jan 31, 2009 01:55 PM
Jennifer Walker-Derby
Re/Max Westside - Marietta, GA
Real Estate Extraordinaire

way to go June and congrats on your closing!

Jan 31, 2009 01:57 PM
Kathleen Lordbock
Keller Williams Realty Professionals - Baxter, MN
Keller Williams Realty Professionals

Good lesson for us all- in writing, signed, several copies.

Jan 31, 2009 02:24 PM
Bob & Carolin Benjamin
Benjamin Realty LLC - Gold Canyon, AZ
East Phoenix Arizona Homes

Oh yes, double and triple check all forms and be sure that all are signed.

Jan 31, 2009 02:42 PM
Chris Olsen
Olsen Ziegler Realty - Cleveland, OH
Broker Owner Cleveland Ohio Real Estate

Hi June -- Your very last statement is perhaps the best piece of information every agent should always do, it can prevent a lot of problems down the road.  You were thorough and it paid off, the way it should be.  You did your job exceptionally well!

Jan 31, 2009 02:58 PM
Roland Woodworth
Blue Cord Realty - Clarksville, TN
Blue Cord Realty

June: It's great to hear that you did get your full commission. here in TN we have a compensation agreement that we use with all sales contracts. This protects both buyers and sellers agents.

Jan 31, 2009 03:40 PM
Rob and Camille Di Maio
San Antonio Real Estate - Keller Williams Legacy - San Antonio, TX

Details are so important!  We can't skip anything.

Jan 31, 2009 11:35 PM
Robert Menchaca
Prudential California Realty - Tulare, CA

June, it makes me want to look at thing twice before I submit anything!  Thanks for the story!  that would have been a BIG chunk of change you would have lost out on!

Feb 01, 2009 03:12 AM
June Tassillo
Owner/Broker RE/MAX Elite Realty - Franklin, NC
Let me help you with the next phase of your life!

Thanks everyone for your comments.  I just thought it would be a good idea to remind Everyone about details that could cost you lots of money and time.  This one would have cost me $6,000 if I did not get an agreement form (unrepresented seller) signed.  I could have easily said "oh I'm not worried about so and so".  I need every penny I earn these days!

June

Feb 01, 2009 03:21 AM
Debbie Walsh
SHAHAR Management - Middletown, NY
Hudson Valley NY Real Estate 845.283-3036

Excellent advice-congrats on all your hard work!  Thanks for the post!

Feb 01, 2009 04:20 AM
Vickie McCartney
Maverick Realty - Owensboro, KY
Broker, Real Estate Agent Owensboro KY

June~ It is so important to document every thing including protecting our commission!  You did a great job staying on top of things! 

Feb 01, 2009 04:29 AM
Jim Lee, REALTOR, CRS, ABR
RE/MAX Shoreline - Portsmouth, NH
Buying or Selling? Ann & Jim are the local experts

"in writing" is always a good thing to have.

"With a written agreement you have a prayer; without you have nothing but air." Not sure who said that but they were pretty smart.

Feb 01, 2009 04:44 AM
Peter Reese
Pacific Grand Estates - Rancho Santa Fe, CA
Luxury Real Estate Agent - Rancho Santa Fe

Good Example of "always get it in writing"!

Thanks for posting!

Feb 01, 2009 07:35 AM
Anthony Stokes-Pereira
Better Homes and Gardens Rand Realty - Nanuet, NY
Realtor

Hi June;

Great Post! I do appreciate the reminder, thank you for sharing.

Feb 01, 2009 11:10 AM
Bob Foster
Century 21 Lanthorn R. E. Ltd. Belleville, Ontario - Belleville, ON

Excedrine headache number 365.

Feb 01, 2009 11:57 AM