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How important is the listing agreement’s listing of commissions and split? It is a signed contract, yes? We all signed a contract for a certain percentage and split, but not the LA says she wants a higher (flat) fee. Isn’t what is in the contract (that she wrote) the more influential document!
Yes.
So she can choose to quit, or honor her contract. I'd encourage the quit, then report this to her broker or the board.
Thanks for bumping this old thread back up. It's been an interesting walk down memory lane. I have freshly renewed hostility for the agent that tried to screw me six years ago.
How were you able to see this if you have the buyer? With the new Closing Disclosures, you can only see the closing of the side you represent. You should not be seeing anything on the other side...
In Georgia, you know exactly how much each agent is getting because we fill out an "Instructions to Closing Attorney" that precisely spells out how much each agent is getting,.
I had one that was only offering 2% the day after I sent her an offer. I had a copy of the listing from our MLS that specified 3%, and just sent it to her with the commission circled and said, "Please ensure that the 3% that was in force when I sent the offer is honored." She told me that the seller had changed their mind, and was only offering a buyer's agent 2%. I politely requested a copy of the listing agreement and Amendment dealing with the change offered to the buyer's agent. She refused, basically told me to go suck eggs. My broker sent a copy of all the correspondence to her broker. Agent was unable to provide any documentation, complaining all the time and was very uncooperative throughout the transaction.
So tempted at closing to tell the seller that I appreciated his honoring the original 3% commission, but decided that sometimes, it's better just to sit there and let the other agent sweat . . .
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