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Old 07-18-2012, 11:19 AM
 
Location: The Triad (NC)
26,848 posts, read 57,874,473 times
Reputation: 29261

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Quote:
Originally Posted by yousah View Post
That's a strange way to inteprete it.
The agent just opened the door for them. Yeah right.
I've done exactly this at least 50 times.
In fact this is my default approach to looking (along with Trulia searches now)...
and I expect to continue to use this approach into the future.

Call the agent or office number... "you have a listing at 123 Oak St... I'd like to look at it"
All will ask a few pointed questions and some will go through a whole rigamarole...
but with ZERO exceptions I was inside the door looking that day or early the next.

Sometimes the person who opens the door is even be the listing agent.
Usually though (with larger brokerages) it is a newbie associate that got sent out.

YMMV
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Old 07-18-2012, 12:52 PM
 
936 posts, read 1,748,818 times
Reputation: 934
State law can be different on this but in our state there would have been an agency relationship, unless otherwise waived, as soon as the agent started doing things on behalf of the buyer.

Does the buyer expect that the listing agent is there to do things for no charge?
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Old 07-18-2012, 12:57 PM
 
Location: The Triad (NC)
26,848 posts, read 57,874,473 times
Reputation: 29261
Quote:
Originally Posted by yousah View Post
State law can be different on this but in our state there would have been an agency relationship,
unless otherwise waived, as soon as the agent started doing things on behalf of the buyer.
Was this addressed to me? What I described has been done all over the country.

The agent isn't doing anything on behalf of the buyer...
they're attempting to SELL a home so they open the door.

Quote:
Does the buyer expect that the listing agent is there to do things for no charge?
This buyer expects a sellers agent to open the door.
If they want to be paid for this they can go see the seller.
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Old 07-18-2012, 01:01 PM
 
936 posts, read 1,748,818 times
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The agent is doing a showing if they are providing access to the property. It would also be very unusual for the agent to let the buyers walk through the house unescorted. The agent has every right to expect the coop part of the commission, in addition to the listing side, if they are providing the showing for the buyer who ultimately purchases the property. This is basic real estate law.

You're obviously not well versed in how the real estate business works. Why would the agent 'see the seller' about the coop part of the commission? They wouldn't. They would have a case against the agent who wrote up the offer after they (original agent) was the procurring cause.
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Old 07-18-2012, 01:36 PM
 
Location: Columbia, SC
8,844 posts, read 17,443,646 times
Reputation: 6194
How bizarre. In my state the agents get what is offered in MLS by the listing company. It's essentially a contract between companies on what the buyer company gets. The percentage of the split is irrelevant, only what is listed on MLS matters. They buyer agent is entitled to the minimum as specified in the buyer agency so if there is a short fall the buyer could be responsible for the difference. So I assume this has a 10% commission with 2.5 going to the buyer agent? Is that correct...and if so it seems to me that your buyer agent is being greedy if it meets the requirements you agreed to.
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Old 07-18-2012, 01:43 PM
 
Location: The Triad (NC)
26,848 posts, read 57,874,473 times
Reputation: 29261
Quote:
Originally Posted by yousah View Post
The agent is doing a showing if they are providing access to the property.
Your imputing all sorts of extra ("facts not in evidence") things into the simple act of opening
a locked door and walking behind someone for the 10 minutes it takes to see a house.
If the property is occupied this persons main job is security... not "selling".

Quote:
The agent has every right to expect the coop part of the commission, in addition to the listing side, if they are providing the showing for the buyer who ultimately purchases the property.
That is (as it always has been) between the sellers agent and whoever brings a contract.
This is basic real estate law.
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Old 07-18-2012, 01:56 PM
 
936 posts, read 1,748,818 times
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You are absolutely ridiculous. The agent should not be allowing anyone to view the house unless they are indeed a qualified buyer who has the ability to purchase the house.

If the agent let this buyer through the house then it is a showing. The agent is authorized by the seller to attempt to sell their house and that's why the agent would be allowing this buyer inside. The agent is not a tour guide, nor is the agent showing the house with the intention that another agent may write up an offer and get the coop commission. That's obviously contributing to the problem that this poster has.

Far too many people want to 'use' real estate agents with no expectation of ever paying them. Try getting legal or accounting advice by stopping by a bunch of offices and see how many bills you get in the mail from these professionals after you've taken their time.

All of this can be negotiated however. But try finding an agent that will show you a house if you honestly tell them that you have no intention of using them for the selling side. Problems like this arise all the time because buyers are dishonest with the listing agent or because buyers float around to different open houses getting free advice even though they have their own agent.
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Old 07-18-2012, 02:07 PM
 
Location: The Triad (NC)
26,848 posts, read 57,874,473 times
Reputation: 29261
Quote:
Originally Posted by yousah View Post
You are absolutely ridiculous. The agent should not be allowing anyone to view the house unless they are indeed a qualified buyer who has the ability to purchase the house.
Again with the assumptions. (you do this a lot)
btw... how does an agent determine if a voice on the phone is that of a qualified buyer?

Quote:
...try finding an agent that will show you a house if you honestly tell them
that you have no intention of using them for the selling side.
Even more assumptions!

I can't speak for the OP... but I've never had to address this issue directly.
Maybe the agents I've met just had more tact?

The closest I've had to come (once) is a flat refusal to sign a dual agency form. I saw the house.
Another scenario I had (once): "I'm looking right now... if you really don't want to open
I suppose I can go get some other agent to let me see the property". I saw that house too.

Quote:
Problems like this arise all the time because buyers are dishonest with the listing agent or because buyers float around to different open houses getting free advice even though they have their own agent.
You sure do like to move the goal posts a lot!
Yet another marginal scenario far different than what has been described.
Are you having fun?
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Old 07-18-2012, 02:08 PM
 
Location: Salem, OR
13,741 posts, read 31,562,927 times
Reputation: 12105
First of all commissions are not part of real estate transactions between buyers and sellers. What your buyer agent needs to do is close the transaction for you and then file a complaint with the MLS regarding their compensation. If the listing says 2.5% then that is what they are legally entitled to by MLS rules. This needs to be handled outside the transaction. The listing agent will lose. They can be slimy all they want but showing a property is not procuring cause and that has been established legally. Even if they aren't a REALTOR, they are still bound by the rules and by-laws of the MLS. The listing agent will lose membership rights if they don't pay what they said they would.

I think the issue is that in CA, you actually write the commissions in the purchase and sale agreement which is insane. Ours aren't part of the purchase and sale agreement because they aren't relevant to it. Personally, I'm not impressed with your agent and their brokers handling of this.
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Old 07-18-2012, 02:12 PM
 
Location: Salem, OR
13,741 posts, read 31,562,927 times
Reputation: 12105
Quote:
Originally Posted by yousah View Post
But try finding an agent that will show you a house if you honestly tell them that you have no intention of using them for the selling side. Problems like this arise all the time because buyers are dishonest with the listing agent or because buyers float around to different open houses getting free advice even though they have their own agent.
I'm right here. I will absolutely show my listings to another agent's client. I ask upfront if they have an agent. If their agent is unavailable, I'll show my listing. If they are unagented as of that moment, I will show my listing. If they have no intention of using my company for buyer representation, I'll show my listing. If they hire an agent after I show it to them, I'm happy to present that offer with their buyer agent to my client.

People don't hire agents to be petty and play games. They hire us to provide a service.
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