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We've had a real estate agent that showed us a few houses (BRA signed) but then went on vacation for 3 weeks. Unfortunatey; thats exactly when we found a listing we really wanted to see. We knew she was on vacation but I was hoping she might be ables to work remotely and arrange an appointment without her being there. So I texted her told her about the house. Unfortunately, she only responded telling us that she had forwarded our request to someone else in her agency that would work with us: 2 thing now:
1. We couldnt get a hold of that "other person/agent" until the next day
2. We didnt really want to work with anyone else other than our agent - we've done that before and were not happy
So we decided to ask my wife's mom (whos also a licensed realtor to show us the listing. We loved the house and made an offer through her. It's a pretty hot market here so we didn't have any time to lose.
We got the house. Yay...
Now, because of our BRA I know there is a commissiom agreement - however, since our agent was not available we thought this agreement wouldnt apply. This makes sense to us since she wasnt there, didnt find the house, nor did she show it to us.
I talked to the agent with the signed BRA and wanted to offer a reduced commission but she wants the whole 2.5% which would total around $20.000. I'd be willing to pay here maybe 5k for here previous efforts to be fair but we dont want to pay her in full. She could have easily done everything remotely but simply forwared our request which we I found quite unfortunate. :/ With all our bills etc., we wouldnt have such amount anyway. We'd still be paying that off by time we retire... and we're both in our mid 30s^^.
What are our options? I want to be fair but it has to be "reasonable"
The deal is pretty much done - already waived/fulfilled all conditions and mortgage has been fully approved. Now just waiting for the lawyer's title search. Closing is in 3 weeks.
Btw. I realize some people might think we want to pocket the commission sonce its my wife's mom but thats really not it. We dont even get to see any of that money and asking for it would cause even more family drama. It was already a big deal why didnt go with her in the first place. (she's a pretty bad agent) (just thoughy I'd clear that up)
We just want to get out of this situation in a way thats fair to everybody - the orig. agent included. but without having to declare bancruptcy.
Honestly, I'm a buyer's agent, I *get* the issues and appreciate your desire to be fair... Nonetheless, I'm not tending to think the Vacation Agent deserves much, if anything from you. IMHO, she blew it by not making sure you were taken care of while she was gone. You gave her a chance. Would wife's mom cut her a small percentage of her commission? That's perhaps where the fee should come from, IMHO, as wif'e's mom is getting a full buyer's portion without the usual expense and time of helping you with your search to this point... The part of the work that was done by Vacation Agent.
The other agent seemed to have their phone turned off. To be fair she did reach out to us the next day in the afternoon. But we couldn't wait that long and as I stated - we worked with one of our orig. agents referals before and weren't happy. So we didin't really want to try someone new and jeopardize the house.
@Diana,
Yeah, we were thinking of as asking her mom for a certain amount. But even if she declines we would cover, or try to cover the commission. We just cant do $20.000. Worst case we'd have to come up a payment plan which would last for a min. of 10 years with our current financial situation. So she could decide to sue us but thay would really be counter effective for her because a) we already agree we owe her a comission and b) it wont change our financial situation. However, we would then have to pay the lawyers fees first and only then her commission. So he would see her money even later.
I talked to the agent with the signed BRA and wanted to offer a reduced commission but she wants the whole 2.5% which would total around $20.000. I'd be willing to pay here maybe 5k for here previous efforts to be fair but we dont want to pay her in full.
Try this (in writing):
"Dear agent, you bailed on us and your subagent wasn't available. We owe you nothing but will pay you $5000 with no admission of liability. Take it and sign a release or get nothing."
Then stop talking to her.
I bet she will take it. Realtors want money "right now" not later. You just have to be willing to play hard ball.
If not, you've got a pretty good defense if you end up in court.
The other agent seemed to have their phone turned off. To be fair she did reach out to us the next day in the afternoon. But we couldn't wait that long and as I stated - we worked with one of our orig. agents referals before and weren't happy. So we didin't really want to try someone new and jeopardize the house.
Except that the buyer agency agreement is with the brokerage, so if they give you a replacement agent within the brokerage the agreement is still in place.
I think it likely you'd lose in arbitration/court unless there is some weird clause in the agreement, but it really depends on whether or not the brokerage wants to sue you for the commission. Not the agent. The brokerage.
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