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Rainmaker
2,754,307
Kathleen Daniels
KD Realty - 408.972.1822 - San Jose, CA
San Jose Homes for Sale-Probate & Trust Specialist

If you have a signed Agreement - then you have a binding contract. If the buyer does not honor that contract then you have some options. 

Seek advice from your broker, negotiate the referral fee you want,  or walk away. There may be other options as well but this is not the forum to get too deep into it. 

Nov 02, 2018 06:22 AM
Ambassador
3,147,466
Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
Charlotte Homes for Sale - Charlotte Neighborhoods

You have a BA agreement with them, correct?

You are owed the commission in NC or SC. 

Nov 01, 2018 08:22 PM
Rainmaker
687,322
Richard Bazinet /MBA, CRS, ABR
WestUSA Realty - Scottsdale, AZ
Phoenix Scottsdale. Sellers, Buyers & Relocations

The first thing you need to do is meet with your broker and gather all your files, documents, notes, text messages, phone calls, emails and dates and times of homes you showed (establish procuring cause). The second thing is to keep in touch with those 'clients' and to establish the continuity of the relationship - especially with an executed BBA. And also advise your clients that a commission will be owned anyways, and that you will collect. Third, you need to contact that agent as well, say the same thing, call/meet that agent's broker and come to an agreement, otherwise you will file for a claim on the commission against the buyer, file a code of ethics violation not only against the agent but also against his/her broker, to go into arbitration, as as well as a Dept of Real Estate complaint against his/her broker directly AND the brokerage for lack of supervision of this agent's activities.

All of this would be a good start by putting everyone on notice. In all your correspondence, copy the head of your local & state associations, as well as your Dept of RE. Make noise, be a pain in the butt. Make the other agent, broker and brokerage regret ever taking on this relative 'client'.

 

Nov 02, 2018 07:15 AM
Rainmaker
1,551,623
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co. Notary Services, retired Realtor

If you can not get the other agent to respond it is time to get your Broker involved. Do NOT go over your Brokers head and contact the other agents Broker!

Nov 02, 2018 06:10 AM
Rainmaker
2,936,176
Nina Hollander
Coldwell Banker Residential Brokerage - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

So long as you have an exclusive buyer agency agreement that is signed... I'd be having a discussion with the other agent.

Nov 02, 2018 02:18 AM
Ambassador
4,004,715
Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

Have your broker contact his broker, and get the referral agreement signed.

Nov 02, 2018 01:16 AM
Rainmaker
1,812,895
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

Other agent is interfering with your Employment Contract ! This is a potential Article 16 COE violation ! Contact his Broker 

Nov 02, 2018 05:47 AM
Ambassador
1,596,508
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

Talk to my broker.

Nov 02, 2018 04:49 AM
Rainmaker
1,471,205
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Calabasas CA

If you have it signed, they have to honor it or cancel. It is not in their interests to disappear. Do you have an expiration for your contract? I'd highly recommend to call a legal hotline if you have the service in your state. I'm with CAR and I call them every time I have a question since even your broker does not always know the latest changes in law. 

Nov 01, 2018 09:13 PM
Rainmaker
719,575
Doug Dawes
Keller Williams Realty - Topsfield, MA - Georgetown, MA
Your Personal Realtor®

You have a contract with the buyer. Has your buyer reached out to their "family member" to contact you? You could also contact your broker and have them contact the other agency.

Nov 02, 2018 08:06 AM
Rainmaker
3,130,909
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

A referral fee or full fee! The other broker will assist his agent to accept paying a referral.

Nov 02, 2018 05:30 AM
Rainmaker
2,924,749
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of Manchester NH's Leading Agents

I would not release them.  If you are going to, then get the signed referall before signing a release. I would speak to the other agent about the rules they are breaking pressuring someone with a signed contract

Nov 02, 2018 05:28 AM
Rainmaker
722,240
Pete Xavier
Investments to Luxury - Pacific Palisades, CA
Outstanding Agent Referrals-Nationwide

He REALLY wants to help them out? How bad do you REALLY want to enforce (or mutual agreement to cancel in exchange for a referral fee) the black and white agreement that means something? That is a question that only you can answer for yourself. 

Nov 02, 2018 12:52 AM
Rainmaker
512,405
Peter Testa
Nationwide Homes - Danbury, CT
PETER TESTA

Silence speaks louder than words so I say you have a few choices here. Contact the other Agent's Broker & inform them that you have a buyer agreement with these folks & that you will enforce your agreeement; meaning if they buy through another Agent you will be looking to get paid your commission or you'll take the necessary steps to get paid it. Let the Buyer's know that they can use another Agent but they will be paying your buyer commission regardless who finds them the house. The other choice is to let it go. 

Nov 02, 2018 08:05 AM
Rainmaker
4,273,925
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

You have the answers. A

Nov 02, 2018 07:00 AM
Rainmaker
2,413,850
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Client control is no myth....The phase to bond has moved on.

Nov 02, 2018 06:33 AM
Rainmaker
3,212,553
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

If you're an agent discuss with your broker.

If you're a broker, well I shall remain silent. 

 

Nov 02, 2018 06:25 AM
Rainmaker
737,021
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

There are many beneficial things you can do.

However, it is not known if you have the education, skills or experience to use such instruction responsibly.

Best regards,

Anonymous.

Nov 02, 2018 05:47 AM
Rainmaker
4,431,600
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Legal question 

Nov 02, 2018 04:05 AM
Ambassador
2,341,139
Fred Griffin presently on Leave of Absence
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

Are you a Broker, or an agent working under a Broker?

 

   

Nov 01, 2018 09:04 PM
Rainmaker
343,166
Susie Kay
Ultima Real Estate - Plano, TX
North Dallas Specialist

Talk to your broker.

Nov 02, 2018 08:34 AM
Rainmaker
386,435
Dan Pittsenbarger
Keller Williams Western Realty - Bellingham, WA
Improving Conditions

Talk to your Broker. Decide if the referral fee is worth the frustration of chasing the scene.

Nov 02, 2018 07:48 AM
Rainmaker
2,853,000
Richard Weeks
Dallas, TX
REALTOR®, Broker

I would just move on.

Nov 02, 2018 03:35 AM
Rainer
149,039
Don Baker
Lane Realty - Eatonton, GA

me I'd #walkaway  

Nov 01, 2018 10:31 PM
Rainmaker
435,839
Diana Dahlberg
1 Month Realty - Pleasant Prairie, WI
Real Estate in Kenosha, WI since 1994 262-308-3563

I think you have alot of great advise here. Ultimately this will be your decision -- to move forward or move on.

Nov 02, 2018 01:35 PM
Rainmaker
641,215
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

Do you have the contact information for the agent? If so, notify that agent of the contractual obligation of the buyers and your willingness to accept a referral in lieu of full commission. Get it is writing!

In any event, repeatedly remind the buyers of their contractual obligation to you until they engage with you and settle the matter. They are not clear on the possible consequences of their actions. Their relative is meddling in a contractual relationship and can be held civilly liable for such activity while the buyers can also be held liable to pay your commission.

The other agent, if a Realtor, may be in violaiton of the Code of Ethics by soliciting a buyer who is under contract to another agent.

Nov 02, 2018 10:27 AM
Rainmaker
983,722
Valeria Mola
SIB REALTY - Sunny Isles Beach, FL
305-607-0709 SIB Realty

Oh, gosh, what the situation. Keep us posted. 

Nov 02, 2018 05:40 PM
Rainmaker
1,409,777
Evelina Tsigelnitskaya
SIB Realty - Sunny Isles Beach, FL
www.SIBRealty.org 305-931-6931

No way! You have to fight!

Nov 02, 2018 05:03 PM
Rainmaker
994,265
Anthony Acosta - ALLATLANTACONDOS.COM
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

You have many great answers here 

Nov 02, 2018 04:14 PM
Rainmaker
522,828
The Villages Realty
The Villages Realty - San Jose, CA
"Our Performance Will Move You!"

Litigation is time consuming and takes years off your life.  The Choice is yours, but I'd walk away, especially if they are dealing with family.  A local cometitor might be different, but "NEXT!"

Nov 02, 2018 03:54 PM
Rainmaker
719,271
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Hope you wrote your agreement carefully, i.e. with locations and dates specified, so you can prove procuring cause if they happen to purchase a home that fits your agreement's legal parameters. However, it may be difficult for you to track their movements and you may have to file a lawsuit via your broker, who may or may not be willing to pursue that course. Good luck. 

Nov 02, 2018 12:51 PM
Rainmaker
976,487
Kevin J. May
Florida Supreme Realty - Hobe Sound, FL
Serving the Treasure & Paradise Coasts of Florida

Your record keeping must be extensive and intact for every property shown, every email, text and phone call made. Their responses and of course that submitted offer will go a long way. Exhaust your options with the "relative" before going further. They will usually come to their senses and you can work out the details of the referral fee.

Nov 02, 2018 12:29 PM
Rainmaker
1,132,514
Joyce Marsh
Regal | Christie's International Real Estate - Orlando, FL
Regional Manager Regal Christie's Int'l Realty

Technically you are probably owed the commission, I would question whether the hassle and stress of a confrontation is worth it.  A decision only you can make 

Nov 02, 2018 11:11 AM
Rainmaker
4,796,309
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I would discuss this with your broker.

Nov 02, 2018 10:51 AM
Rainmaker
5,219,187
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Move on. You will be more productive when you avoid litigation.

Nov 02, 2018 10:50 AM
Rainmaker
4,830,621
Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
Marketing Agent for The Todaro Team

it's time to bring your broker/owner into that scenario...

Nov 02, 2018 10:49 AM
Rainmaker
271,259
Buzz Mackintosh
Mackintosh REALTORS - Frederick, MD
“Experience, reliable, leadership”

Best answer: Follow your Broker's advise

Nov 03, 2018 04:01 AM
Rainmaker
975,898
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

?

Nov 02, 2018 04:47 PM
Rainmaker
377,641
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

Your agreement is a legally binding contract.  Do you know the name of the distance relative?  If an agent, he/she understands these agreements and will need to let the buyers know they have to resolve their contract with you before he can work with them.

Nov 02, 2018 04:35 PM
Rainmaker
903,626
Thomas J. Nelson, Realtor, ePRO, CRS, RCS-D
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

The other agent owes you the commission based on the buyer broker; so a referral fee would let him off easy-do it now!

Nov 02, 2018 03:37 PM
Rainmaker
994,135
Corinne Guest
Corinne Guest, Realtor | Barrington Realty Company - Barrington, IL
Barrington Lifestyles

Be ready if you want to fight for your rights. I have succesfully won a case after closing and got my referral fee. All it took was one attorney letter and the check was cut! Seek counsel from broker, lawyer in that order. Do not go this on your own.

Nov 02, 2018 03:03 PM
Rainmaker
2,680,297
John Pusa
Berkshire Hathaway Home Services Crest - Glendale, CA
Your All Time Realtor With Exceptional Service

Many good responses!

Nov 02, 2018 02:36 PM
Rainmaker
1,204,273
Ryan Huggins - Thousand Oaks, CA
www.HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

BBAs are tough because in order to collect you have to sue the former client.  I don't see any reason against asking for that referral fee, but I'd do it directly to the agent.  I'd also provide a list of the homes you've shown and say "If they buy any of these, I get 75% of the commission, since I initially showed it to them."

Nov 02, 2018 02:18 PM
Ambassador
2,844,456
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Honestly I'd just let it go if they didn't respond.  If they buy without you of course your broker could enforce it and get the commission, but that's not something I would do.

Nov 02, 2018 02:03 PM
Rainmaker
3,037,297
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

They will have to pay both of you!

 

Nov 07, 2018 12:44 PM
Rainmaker
4,001,153
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Depending on the State you live, there are other circumstances to look at.  If there was not a break in service, you very well could be owed a commission.

Nov 06, 2018 07:55 AM
Rainmaker
3,975,208
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

You have the power and I would use it if you have a signed contract

Nov 03, 2018 08:05 PM
Rainer
404,192
Rose Mary Justice
Synergy Realty Pros - Dandridge, TN
Synergy Realty Pros

As yourself if the time and trouble is really worth it.  All answers here are good ones but it is up to you to pursue which course you would take.

Nov 03, 2018 11:14 AM