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I signed a buyer-broker agreement with an agent (who is a friend of mine) for sale of my home.
Being a friend, she agreed on a commission of 5% and if she is a dual agent, then 4%. I made sure that it was written in the agreement in the extra space below regarding the dual agent commission and I signed on it. This was 2 months ago.
Now I have a buyer brought by my agent, hence she will be dual agent. However, the agent is telling me that her Broker manager is fighting with her and reprimanding her for agreeing to 4% dual agent commission. The agent friend says that she had initially sent the agreement to the manager and the manager signed it, but it seems the manager overlooked it before and now suddenly realizes what she signed. The agent is telling me that if I stick to 4% commission then the broker has threatened to charge her extra in the next deal. She gave my phone number to the manager and I am expecting a call from the manager soon.
Any suggestion how should I deal with it? I don't want my agent to suffer, at the same time, I do not want to pay more than 4% for a dual agent commission.
To give you a back ground, this manager is upset with my agent because another agent from the same company who was the manager's friend had brought a buyer for my home but the price offered was 20K lower than what I am getting now and hence I had rejected the offer. At that time, this manager had pestered my agent to convince me to sign the deal, but my agent friend told me about it and did not feel right to force me to sign a deal for lower than my expected amount. Hence this manager is harassing my agent.
If you have a listing agreement that is signed by your agent and broker, and if dual agency is legal in your state, then you all follow the terms of that contract and that is the end of the conversation. Everything else is internal for the brokerage and not your problem. How you decide to proceed re: your friend and your friendship is up to you.
I would try to just move on to another firm and agent.
You should never even hear about this crap. Never. Totally unprofessional to drag you into a commission squabble, "friend" or not.
"You are my friend, but now I am uncomfortable with the situation. Let's cancel the listing for the benefit of our friendship."
I tell people that in dual agency with two agents from the same firm, they are risking favoritism by management to the other agent, when management should be completely and totally neutral.
This reads exactly like a textbook case supporting that notion.
Last edited by MikeJaquish; 06-08-2020 at 06:14 AM..
I am surprised a managing broker would make a stink about this at this point, and if a managing broker called one of my clients over an issue like this, I'd leave that brokerage.
I am surprised a managing broker would make a stink about this at this point, and if a managing broker called one of my clients over an issue like this, I'd leave.
I bet the "friend" cannot take the listing with her if departing from the firm.
It is unprofessional for your friend to be talking to you about this. This is not your concern.
Your friend needs to stick to the agreement that she and her broker signed which is for 4%. Then your agent friends needs to go interview at other brokerages during your transaction and leave after she closes it. Her broker is crap.
It is unprofessional for your friend to be talking to you about this. This is not your concern.
Your friend needs to stick to the agreement that she and her broker signed which is for 4%. Then your agent friends needs to go interview at other brokerages during your transaction and leave after she closes it. Her broker is crap.
Any suggestion how should I deal with it? I don't want my agent to suffer, at the same time, I do not want to pay more than 4% for a dual agent commission.
Those two desires are mutually exclusive. You can't have both. Pick one. Throw your friend under the bus or pay the higher commission.
Thank you for the comments.
This is indeed a very surprising situation for me as well.
I am expecting a call from the manager today. My only worry is that I don't lose my temper. I want to behave as suave as possible. But contract is a contract, and she signed on it.
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