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Old 07-31-2012, 08:34 AM
 
Location: NJ
17,579 posts, read 38,340,456 times
Reputation: 16099

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Quote:
Originally Posted by Zyngawf View Post
I think the buyer is just thinking it will make the net amount the seller will get higher and therefore their offer better if the commission is less.
Which is why I said I would take it as the buyer thinking I was stupid. Does someone really need that pointed out to them by the buyer?

 
Old 07-31-2012, 08:37 AM
 
3,404 posts, read 4,142,973 times
Reputation: 2397
Quote:
Originally Posted by manderly6 View Post
Which is why I said I would take it as the buyer thinking I was stupid. Does someone really need that pointed out to them by the buyer?
Well the buyer also thought that the agent would be stupid enough to forward a personal email from him to the seller so why not?
 
Old 07-31-2012, 09:14 AM
 
Location: Phoenix AZ
5,920 posts, read 10,459,834 times
Reputation: 9227
Is it just me, or is the op so *focused* on that "unearned" $24k that he's glossing over an $800k purchase price?

The op may well be stepping over dollars to pick up dimes.
 
Old 07-31-2012, 09:22 AM
 
4,630 posts, read 7,213,065 times
Reputation: 4735
Quote:
Originally Posted by Zippyman View Post
Is it just me, or is the op so *focused* on that "unearned" $24k that he's glossing over an $800k purchase price?

The op may well be stepping over dollars to pick up dimes.
There's actually quite a lot he's glossing over!! How about the seller agreeing to dual agency for starters??
 
Old 07-31-2012, 11:08 AM
 
Location: Central Texas
19,888 posts, read 36,422,016 times
Reputation: 21328
Quote:
Originally Posted by RE Skeptic View Post
Here we go again, another RA claiming that I am "interfering" with the listing contract. I am sorry, but simply clarifying my unrepresented status (see post #67) does not constitute "interference" in a listing contract. The only thing it is interfering with is the agents plans for double dipping the commission. You make it sound like I emailed the seller a step by step guide. If the seller agents are true advocates for their sellers, why dont you let your sellers make the decision as to whether this is valuable information?
Quote:
Originally Posted by RE Skeptic View Post
We are putting an offer in and have no agent representation. We emailed a scanned, signed contract to the listing agent. In the email, we highlighted the offer (price, etc) and the fact that we do not have a buyers agent thus raising the potential for a 3% reduction in the sellers commission payout. We understand that the seller has already signed a listing agreement with the LA and is responsible for this, independent of whether we bring an agent to the table. However, we also recognize that that the contact between the seller and seller agent could be amended, if both parties agree, and wanted to make sure that the sellers understood this.

We requested that the listing agent forward this email to the sellers. It is our understanding that all offers must be presented to the sellers. Is this true, even if it puts the listing agent in the uncomfortable position of trying to defend his "extra" 3% commission? Could the agent "filter" the offer and not forward it to the sellers on the basis that is interferes with a contract between him and the sellers?
Quote:
Originally Posted by RE Skeptic View Post
Here we go again, another RA claiming that I am "interfering" with the listing contract. I am sorry, but simply clarifying my unrepresented status (see post #67) does not constitute "interference" in a listing contract. The only thing it is interfering with is the agents plans for double dipping the commission. You make it sound like I emailed the seller a step by step guide. If the seller agents are true advocates for their sellers, why dont you let your sellers make the decision as to whether this is valuable information?

Tortious interference:

Tortious interference with contract rights can occur where the tortfeasor convinces a party to breach the contract against the plaintiff, or where the tortfeasor disrupts the ability of one party to perform his obligations under the contract, thereby preventing the plaintiff from receiving the performance promised. The classic example of this tort occurs when one party induces another party to breach a contract with a third party, in circumstances where the first party has no privilege to act as it does and acts with knowledge of the existence of the contract. Such conduct is termed tortious inducement of breach of contract.


By encouraging one party to the contract to attempt to change the conditions of the contract to which you are not a party, solely to benefit yourself, by the way, because the idea is clearly that you would get the house for 3% less, you ARE interfering with the listing contract and attempting to induce the seller to change the terms of the listing contract. The email you describe does exactly that.



Thus, as a seller (or someone considering entering into any kind of contractual agreement with you), the email you describe would give me pause, and not of the kind you are clearly hoping for.
 
Old 07-31-2012, 11:20 AM
 
Location: Tempe, Arizona
4,511 posts, read 11,566,614 times
Reputation: 2180
Quote:
Originally Posted by Zippyman View Post
The op doesn't have an agent, or a broker, and isn't a member of the MLS. Therefore, there is no obligation to disclose or discuss differentials. He can't have it both ways.
Yes, I know. I was responding to Silverfall's inquiry about how other MLS's handle it. The OP is at a disadvantage without his own agent that could get that info.
 
Old 07-31-2012, 11:47 AM
 
Location: Columbia, SC
8,857 posts, read 17,458,799 times
Reputation: 6234
Just present your dang offer and if you get a deal you like buy the house. We already see you have at the very least questionable ethics and from the way you talk I wouldn't be shocked if you had spent some time as a lender. I'm guessing you aren't in it anymore and you have some bitter feelings towards agents from it, but that's just a guess.

If I was that seller you'd **** me off and I'd negotiate you away or end up with a deal I liked enough that it didn't matter what I thought about you. I'd probably also want a decent earnest money deposit that was non refundable.

Oh, and quit taking shots at agents that are doing nothing more than pointing out laws and things that you should at least consider. It's obvious you just want someone to verify your opinion and you'll argue with anyone that doesn't.
 
Old 07-31-2012, 11:48 AM
 
Location: Columbia, SC
8,857 posts, read 17,458,799 times
Reputation: 6234
Accufit, I'd think 4%.
 
Old 07-31-2012, 12:07 PM
 
Location: Salem, OR
13,750 posts, read 31,594,781 times
Reputation: 12124
Quote:
Originally Posted by ocngypz View Post
There's actually quite a lot he's glossing over!! How about the seller agreeing to dual agency for starters??
He isn't agreeing to dual agency. That's kind of the point. Only one side would be represented in the transaction. You can't have dual agency without consent. The OP isn't consenting to that.
 
Old 07-31-2012, 12:28 PM
 
2,619 posts, read 4,112,173 times
Reputation: 1871
Quote:
Originally Posted by TexasHorseLady View Post
Tortious interference:

Tortious interference with contract rights can occur where the tortfeasor convinces a party to breach the contract against the plaintiff, or where the tortfeasor disrupts the ability of one party to perform his obligations under the contract, thereby preventing the plaintiff from receiving the performance promised. The classic example of this tort occurs when one party induces another party to breach a contract with a third party, in circumstances where the first party has no privilege to act as it does and acts with knowledge of the existence of the contract. Such conduct is termed tortious inducement of breach of contract.

By encouraging one party to the contract to attempt to change the conditions of the contract to which you are not a party, solely to benefit yourself, by the way, because the idea is clearly that you would get the house for 3% less, you ARE interfering with the listing contract and attempting to induce the seller to change the terms of the listing contract. The email you describe does exactly that.



Thus, as a seller (or someone considering entering into any kind of contractual agreement with you), the email you describe would give me pause, and not of the kind you are clearly hoping for.
I'm not a lawyer, but his email is not direct enough to prove he is trying to make the seller break their contract with the seller's RE. Even if you disagree, wouldn't the seller's agent have to forward the offer to the buyer, as a part of their MLS duty?
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