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Old 11-07-2016, 06:57 AM
 
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what if the buyer has signed the agreement about paying the $400 broker fee at closing, but forgets to pay and the buyer's agent forgets to collect.
Can the broker take the money out of the agent's commission? is that legal?
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Old 11-07-2016, 07:13 AM
 
Location: Austin
7,244 posts, read 21,820,805 times
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Yes and Yes.

If the agent has an agreement with their Broker that each transaction costs $400, then the Broker can take out the money from the commission. It was only passed on to the buyer, which is ridiculous, because the agent doesn't want to be out of pocket the money.
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Old 11-07-2016, 07:28 AM
 
4,196 posts, read 6,300,866 times
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Quote:
Originally Posted by FalconheadWest View Post
Yes and Yes.

If the agent has an agreement with their Broker that each transaction costs $400, then the Broker can take out the money from the commission. It was only passed on to the buyer, which is ridiculous, because the agent doesn't want to be out of pocket the money.

ahh, i see.
is this "agreement with the broker" done at the time of hire typically? in writing?
and is it typically passed on to the buyer or....not?
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Old 11-07-2016, 08:02 AM
 
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Originally Posted by Thinking-man View Post
ahh, i see.
is this "agreement with the broker" done at the time of hire typically? in writing?
and is it typically passed on to the buyer or....not?
It was probably in their employment agreement but glossed over at time of hire. It's a policy that greedy brokers implement to fleece their agents and/or their clients. It is profiteering and the client should never be expected to pay this. I can't imagine the nerve of a listing brokerage already being paid thousands in commission tacking on a junk fee like this. Buyer's broker is being paid thousands as well so same goes for buyers.
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Old 11-07-2016, 08:26 AM
 
Location: Austin
7,244 posts, read 21,820,805 times
Reputation: 10015
I do not charge my buyers the Broker's fee, so I can't tell you if it's "typically passed on to the buyer". I think it's kinda $h!tty for a buyer's agent to do that. The Broker's fee is a cost of doing business and the agent should pay the fee their broker charges.

Yes, the Broker's fee would be in writing as part of their Independent Contractor Agreement between Broker and Agent. Every brokerage is different, so each agent should read their agreement carefully.
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Old 11-10-2016, 06:59 AM
 
Location: Bloomington, MN
103 posts, read 98,576 times
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The office I work for has a Broker's fee and since I'm primarily a Buyer's Rep I have the seller pay the fee. And yes, the Broker can take the fee out of the commission if it is not collected.
I just had a sale where I didn't pay enough attention to the HUD and didn't notice the closer had put the wrong amount for the fee. She was $50 short. The $50 dollars came out of my commission but was reimbursed by the closer after I pointed out the mistake.
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