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Old 09-03-2008, 08:25 AM
 
Location: Barrington
63,919 posts, read 46,748,172 times
Reputation: 20674

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A rule change within my MLS became effective 9/1:

MLS will disallow eligibility of any new REO listing that does not pay a co-op when the buyer is an agent. The MLS will not allow commissions to be paid to some agents and not all agents.

Is this unique to my MLS or are there similar rules in other MLS?
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Old 09-03-2008, 10:09 AM
 
Location: Olympia
1,024 posts, read 4,139,855 times
Reputation: 846
I think that's a great rule. I've seen listings on my MLS that preclude a selling agent commission if the buyer is the selling agent. I always thought that was bogus.

Sandy
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Old 09-03-2008, 12:35 PM
 
Location: SW Austin & Wimberley
6,333 posts, read 18,058,399 times
Reputation: 5532
Quote:
Originally Posted by middle-aged mom View Post
A rule change within my MLS became effective 9/1:

MLS will disallow eligibility of any new REO listing that does not pay a co-op when the buyer is an agent. The MLS will not allow commissions to be paid to some agents and not all agents.

Is this unique to my MLS or are there similar rules in other MLS?
Wow, I've never heard of discriminating against buyer/agents by not paying a commission. There is no justifiable logic I can think of that would support that. I think it's a great rule if it's needed in your market.

Steve
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Old 09-03-2008, 12:36 PM
 
Location: Cary, NC
43,296 posts, read 77,129,965 times
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Good rule, although I would rather have a lower price than a taxable commission.
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Old 09-03-2008, 12:57 PM
 
Location: Salem, OR
15,578 posts, read 40,440,822 times
Reputation: 17483
It makes sense to keep the unilateral piece in place. Otherwise you head down the slippery slope of conditions for the co-op. I agree with MikeJ though. I would just waive the commission offering and take the lower price.
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Old 09-03-2008, 01:19 PM
 
Location: Venice Florida
1,380 posts, read 5,929,715 times
Reputation: 881
I like the rule. Banks are holding property and want to get rid of it and expect us to take the hit.
They want to use the MLS service that our dues pay for while attempting to reduce fees they pay for our services.
Whenever I've purchased listed property, I do write the contract to exclude buyers (my) commission and simply reduce the offer. Some agents might need the commission as part of their down payment in order to make the purchase work, so a bank excluding buyer/agent commission may be excluding buyers.
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Old 09-03-2008, 03:27 PM
 
Location: DFW
40,951 posts, read 49,198,692 times
Reputation: 55008
Quote:
Originally Posted by MikeJaquish View Post
Good rule, although I would rather have a lower price than a taxable commission.
One of the perks of being in the business is to take it off the price. Lowers the value for taxes and you'll make it up when you sell it.
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Old 09-03-2008, 04:43 PM
 
Location: Columbia, SC
10,965 posts, read 21,988,738 times
Reputation: 10685
I like the ruling though. I see it here and it can create issues. If an agent is self-represented and wants the commission they should be able to get it.
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Old 09-03-2008, 07:19 PM
 
Location: SW Austin & Wimberley
6,333 posts, read 18,058,399 times
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Quote:
I would just waive the commission offering and take the lower price.
Yeah, that's what we always do. But the commission has to exist in the first place before it can be swapped for a lower price.
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Old 09-03-2008, 08:00 PM
 
Location: Cary, NC
43,296 posts, read 77,129,965 times
Reputation: 45657
Quote:
Originally Posted by austin-steve View Post
Yeah, that's what we always do. But the commission has to exist in the first place before it can be swapped for a lower price.
Yes, and the commission split with the broker may have to be paid out of pocket by the agent/buyer.

Regardless, NAR standards say that commission has to be offered to all Buyer agents on the MLS.
There must be some compensation for bringing a Buyer/
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