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Old 09-11-2012, 03:29 PM
 
Location: DFW
40,951 posts, read 49,206,955 times
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OP, sticking with your original question.... If your Buyers Agent is not a member of the MLS they do not have any agreement to collect a commission. I believe Mike answered your question that they would need to negotiate that before you made an offer on the home.

Also, if you look at new construction many to most builders require your agent to Introduce you to the builder and be with you the 1st time you come to their models.
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Old 09-11-2012, 03:43 PM
 
64 posts, read 144,451 times
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I understand we are bucking the traditional norm... but we are not alone. It seems it is the profession that has a hard time with it, even though agents are licensed by the state and everything is legal. Alot of buying and selling does not make sense from a consumer perspective..
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Old 09-11-2012, 04:18 PM
 
Location: Long Island
9,933 posts, read 23,161,205 times
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Quote:
Originally Posted by CREA View Post
Elke - I'm referring to the listing agreement which is a contract.

I suggest you speak with your NCAR atty regarding this since you have a different view. If it wasn't important and material to the seller they wouldn't have you promptly notify them of any change.

You presume to know my view because I asked ONE question, to clarify your commemt?
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Old 09-11-2012, 04:40 PM
 
64 posts, read 144,451 times
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no, that part was for the other part of the discussion - sorry for confusion.
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Old 09-11-2012, 04:52 PM
 
Location: Oro Valley AZ.
1,024 posts, read 2,748,731 times
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OP, I am curious what the Broker that is refunding you 35% actually do for you. It sounds like you go out and find the home yourself then they write the contract and other assorted paperwork as needed for you?
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Old 09-11-2012, 04:59 PM
 
12,973 posts, read 15,807,980 times
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Quote:
Originally Posted by CREA View Post
I have an exclusive right to sell listing form in front of me provided by a company that wants to list my house. No where does it say that you have to be a Realtor or member of any MLS to get a buyers agent commission. Show me your form for proof of your statement.

Here you go.

"Seller agrees to pay Broker as compensation for services:

IF A SALE: 5.5% of the gross selling price of the Property Seller acknowledges that Broker will offer 3.0% to the cooperating broker who is the procuring cause of the sale. Seller acknowledges that offers of cooperative compensation are between brokers and are not negotiable between the Seller and Buyer. "

Could not be much clearer.

Edit - Reading along further it would appear NC may be different. Seems a pattern there. NC seems to have all sort of strange RE customs and rules.

Maybe we ought to restrict NC to its own sub list as it is deviant from any of the normal east or west patterns.

(I Know - Cheap shot...but some are too good to resist)

Last edited by lvoc; 09-11-2012 at 05:08 PM..
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Old 09-11-2012, 05:35 PM
 
64 posts, read 144,451 times
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lvoc - I don't think that's as clear as you think.

ricktuscon - that's pretty much it - sweet deal for an agent. if i could find an agent that would kick-back more I would likely use them. this is our 4th house and we don't need any hand holding...
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Old 09-11-2012, 05:52 PM
 
12,973 posts, read 15,807,980 times
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Quote:
Originally Posted by CREA View Post
lvoc - I don't think that's as clear as you think.
What part of "cooperating broker" don't you understand?

Quote:

ricktuscon - that's pretty much it - sweet deal for an agent. if i could find an agent that would kick-back more I would likely use them. this is our 4th house and we don't need any hand holding...
That is amazing. I am work on something like my 250th and every once in a while I need my hand held.
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Old 09-11-2012, 06:09 PM
 
64 posts, read 144,451 times
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Ivoc - do buyers agents, whether in your MLS or not, count as cooperating brokers where you are? Would anyone that brought an offer in be a non-cooperating broker? Are you defining cooperating by your "Realtor" regs or state law?
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Old 09-11-2012, 06:38 PM
 
Location: Oro Valley AZ.
1,024 posts, read 2,748,731 times
Reputation: 1196
[quote=CREA;26049542]
ricktuscon - that's pretty much it - sweet deal for an agent. if i could find an agent that would kick-back more I would likely use them. quote]
Well that certainly is a sweet deal for your agent. He gets other realtors to do part of his job for him without compensation. And you are really wondering why agents aren't jumping at the chance to work for you for free? That IS what you are asking them to do, so that you can get a kickback from your agent that only handles paperwork.
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