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Old 02-06-2017, 06:13 PM
 
Location: Southwest France
1,413 posts, read 3,232,610 times
Reputation: 2462

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We have our house on the market with a realtor. Its been on about 5 weeks with no offers. Some friends came from Japan to visit and when they learned our house was for sale, asked to buy it. I'm inclined to go to our realtor and offer her 3% to close it, but my husband doesn't want her involved at all. (He doesn't like her nor think she's done much for us).


Any other ideas?
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Old 02-06-2017, 06:15 PM
 
5,401 posts, read 6,533,648 times
Reputation: 12017
What does your contract say?
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Old 02-06-2017, 06:35 PM
 
Location: Cary, NC
43,297 posts, read 77,129,965 times
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Quote:
Originally Posted by historyfan View Post
What does your contract say?
Yup.
What did you agree to?
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Old 02-06-2017, 06:36 PM
 
Location: Austin
7,244 posts, read 21,814,092 times
Reputation: 10015
Unless you excluded the friend from the contract prior to signing it, more than likely, your contract states you owe her a commission. You cannot agree to terms and then try to unilaterally change them. Negotiations happen prior to signing.
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Old 02-06-2017, 06:38 PM
 
Location: DFW
40,951 posts, read 49,198,692 times
Reputation: 55008
How long is the agreement and "Protection Period"? wait till after that time to do the deal.
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Old 02-06-2017, 06:47 PM
 
Location: San Diego
1,187 posts, read 1,329,632 times
Reputation: 1546
Quote:
Originally Posted by FalconheadWest View Post
Unless you excluded the friend from the contract prior to signing it, more than likely, your contract states you owe her a commission. You cannot agree to terms and then try to unilaterally change them. Negotiations happen prior to signing.
Yep, unless you have an exclusion in your listing agreement.
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Old 02-06-2017, 06:56 PM
 
5,046 posts, read 9,624,436 times
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I saw a HA listing agreement that says fee is due is the brokerage firm or any other person procures a buyer.

However, I also saw further down that it says something about the agent having to make (forget the adjective) effort...reasonable or such. You might see how you feel about that. Too bad your husband discovered later he didn't like her and that you didn't discuss how things are going all along.

5 weeks is not necessarily so long without an offer.
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Old 02-06-2017, 08:54 PM
 
Location: SoCal
14,530 posts, read 20,128,038 times
Reputation: 10539
Quote:
Originally Posted by Joliefille View Post
We have our house on the market with a realtor. Its been on about 5 weeks with no offers. Some friends came from Japan to visit and when they learned our house was for sale, asked to buy it. I'm inclined to go to our realtor and offer her 3% to close it, but my husband doesn't want her involved at all. (He doesn't like her nor think she's done much for us).
If you live in the same reality as I do, as a seller you were required to sign an ER (contract for Exclusive Representation) where you obligated yourself to allow your Realtor the right to exclusively represent you, in return for that Realtor's expenditure in listing on the MLS, advertising, photography, posting a for sale sign and showing the property to prospective buyers, sharing the agreed commission with another Realtor if it's a "split deal" (the usual case), and too many sales effort and labor to enumerate.

My typical ER as a seller is 6 months although I imagine I could negotiate less. But until that ER expires you are legally required to meet YOUR obligations including paying your selling Realtor. (Note that some provisions of the ER do not expire even after the end date, such as probably sales your Realtor showed to clients who later purchased your property, for a stated period.)

My advice is you should contact your Realtor and ask if you could negotiate a concession (get a reduction of commission) if you provide the buyer. It might fly, might not.

But for sure you are obligated by your ER and you will suffer legal liability if you try to get around your ER.
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Old 02-06-2017, 10:47 PM
 
Location: Southwest France
1,413 posts, read 3,232,610 times
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My bad. I should have guessed this board would be filled with realtors eager to protect themselves and their commissions.


We can drop her after 3 months. Why should I pay her 30K for doing nothing to sell my house to my friend?
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Old 02-06-2017, 10:53 PM
 
35,094 posts, read 51,251,824 times
Reputation: 62669
Quote:
Originally Posted by Joliefille View Post
My bad. I should have guessed this board would be filled with realtors eager to protect themselves and their commissions.
We can drop her after 3 months. Why should I pay her 30K for doing nothing to sell my house to my friend?
So you already knew the answer you just wanted to make disparaging remarks about people making a living?
Do you work for free? If you do not why not? If realtors are not allowed to make a living according to you why should you be allowed to make a living?


PS ~~ The is quite immature.
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