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If I was representing a Seller and the buyer wanted to make an offer for 5% less than asking. I would be obligated to write it AND present it to the Seller. That alone is not collusion.
If the buyer wanted me to write an offer for a property and the sales price was a $1.00 I would be obligated to write and present it to a Seller.
If the buyer is also licensed, that needed to be disclosed on the offer, and the person's license should be available to look up on the state's real estate commission's website.
You also have state housing laws, and county/city/local ones too.
Read and tell us where it says "If listed by licensee"
I am not sure who you are directing this to.... but can you point us to the specific verbiage that refutes this:
Quote:
(b)Nothing in section 804 of this title (other than subsection (c)) shall apply to--
(1) any single-family house sold or rented by an owner: Provided, That such private individual owner does not own more than three such single-family houses at any one time: Provided further, That in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four month period: Provided further, That such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at any one time: Provided further, That after December 31, 1969, the sale or rental of any such single-family house shall be excepted from the application of this subchapter only if such house is sold or rented (A) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person and (B) without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of section 804(c) of this title; but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title, or....
b)Nothing in section 804 of this title (other than subsection (c)) shall apply to--
(1) any single-family house sold or rented by an owner: Provided, That such private individual owner does not own more than three such single-family houses at any one time: Provided further, That in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four month period:
What does the OP's state and local Fair housing laws say?
b)Nothing in section 804 of this title (other than subsection (c)) shall apply to--
(1) any single-family house sold or rented by an owner: Provided, That such private individual owner does not own more than three such single-family houses at any one time: Provided further, That in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four month period:
What does the OP's state and local Fair housing laws say?
Are you trying to prove my point?
Why don't YOU show me where a FSBO (unless using a realtor) is NOT allowed to discriminate....
I have no idea what state the OP lives in... and I'm not going to spend the time to research his/her individual situation.
I am simply stating that an average person selling their own home (without a realtor) does not have to abide by FHA rules, and they can discriminate to their heart's content.
jackmichigan said I was wrong. If I'm wrong, please show me I'm wrong rather than telling me to read hundreds of statutes.
I have already given ample citations, yet you still want me to find out the OP's state/local fair housing.... Maybe something in his/her specific jurisdiction refutes this.... but neither you nor jackmichigan have shown me otherwise.
Hey I'm all about learning here..... If I'm wrong, I'll be happy to be wrong so that I have the right information going forward....but again, don't tell me I am without backing yourselves up.
You're using the word "professional" rather loosely.
I don't follow what you're asking. Who is right between whom? It's not uncommon for a licensed buyer to take a slice of the commission...but that's between them. You don't have to worry, though. Since your listing agreement has expired, you don't have to deal with him anymore.
However, if you close a sale within a certain time with the person that viewed the house, you will likely owe the commission which was agreed to in original listing agreement (unless you sign a new agreement for a lesser amount). Re-read your original listing agreement to note the length of any protection clause.
Sorry, and I'm not sure if I can clarify without making it sound even more confusing.
The buyer doesn't feel that our old realtor (his current realtor) should be entitled to commission from properties our old realtor (his realtor) didn't inform him of and are FSBO properties. His realtor feels that it doesn't matter who told him/showed him the properties, he's entitled to the commission from us, even if we don't have a contract with him, because the buyer first came to us through him back when we had a listing agreement with his agency and again yesterday/today.
My question is which one of them is correct?
We never received a written offer, unless a text message counts. Typical of this realtor and that's why we decided not to re-list with him.
Thanks, I'll see if we still have the original listing agreement. It expired in the fall of 2015.
Sorry, and I'm not sure if I can clarify without making it sound even more confusing.
The buyer doesn't feel that our old realtor (his current realtor) should be entitled to commission from properties our old realtor (his realtor) didn't inform him of and are FSBO properties. His realtor feels that it doesn't matter who told him/showed him the properties, he's entitled to the commission from us, even if we don't have a contract with him, because the buyer first came to us through him back when we had a listing agreement with his agency and again yesterday/today.
My question is which one of them is correct?
We never received a written offer, unless a text message counts. Typical of this realtor and that's why we decided not to re-list with him.
Thanks, I'll see if we still have the original listing agreement. It expired in the fall of 2015.
In Florida, there is generally a "Protection" period (for the Realtor) that is typically spelled out in the listing agreement where the listing Realtor will be entitled to the commission if the house is sold to a previously interested/contacted party during that protection period...but after that, the Realtor is out of luck.
Hopefully you have one like that in your original listing agreement that has already expired that you can show him in black and white.
As a non-agent the whole thing is completely unprofessional. Listing agents only show to showings where #1 there is no buyers agent, #2 the listing is in a high income area. Rarely will a listing agent show up, hence the lock box, when a buyers agent is showing the property to their client.
When I said that he doesn't show up...it's when he IS the buyer's agent.
Quote:
The commission is always split between both brokerages so that isn't a flag but him mentioning low balling would mean I wouldn't be interested in doing business with him. I personally wouldn't have anymore contact with either party.
Yes, that was the same part that sent up a flag for me.
I don't think anything is really going to come out of this buyer especially if past offers are an indicator of future offers.
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