Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
It's also quite likely that the builder, either by being a member of the local MLS or through advertising to real estate agents, has agreed to pay a commission to agents that bring in buyers. The builder cannot just decide to not pay that commission because you say so. It's an agreement or contract between the builder and agents. You are not a party to that contract. The builder must abide by the terms of the agreement. In addition to all the other unreasonable actions on your part, you are now trying to interfere with a contract.
Don't buy the house or buy it and know that the original agent will receive the commission.
Last week I toured some resales and a new house with a realtor. At the end of the trip I had the realtor submit an offer on the new house.
But since the realtor does not refund commission, I decided not to use her service. I still thinking about whether to do it myself or hire a realtor who refunds commission.
I informed the builder's sales rep and the realtor. The sales rep told me this:
Also, just for your protection, since xxxxxxxx (the realtor) registered you at the community, showed you the home and brought us an offer from you she would be able to come after you directly to be paid her commission (from you ….not from us if you bought this home and did not put her on the deal). She would probably win, and then you (not us, if she wasn’t on the deal) may have to pay the 3% commission to her). So be careful what you do in that case (whether you buy this home or another that was showed to you by a licensed Realtor).
This sound incredibly unfair and unreasonable. She and I never signed any contract, and yet I am bound to pay her commission?
What makes you believe that the Realtor who showed you several homes and registered you with a new home community owes you her paycheck ? When you get your paycheck at the end of the week, does your employer ask for a refund? Do you work for nothing?
If you are going to base your purchase of a home on whether or not a real estate agent will PAY YOU for the pleasure of handling the transaction, you are sadly mistaken. Make sure the next time you shake hands with a Realtor, you tell that Realtor upfront that you believe it "incredibly unfair and unreasonable" for them not to refund their paycheck directly to you. You expect them to work for free.
I think the sales rep made it quite clear in the opening sentence why in fact the Realtor was on the deal in spite of your effort to cut her out: since xxxxxxxx (the realtor) registered you at the community, showed you the home and brought us an offer from you
Don't be surprised if no other realtor wants to deal with you.
He won't have that problem. It sounds to me like he doesn't bother demanding they "refund" their commission until AFTER they have done the work already.
One more reason to be sure a representation agreement is SIGNED before doing any significant work for someone.
Why would you be expecting a "refund" of the commission from that agent? I don't get what you are asking with that part.
I don't know why either, but she wants one and it's her perrogative to find someone who will. Who cares why?
Quote:
Originally Posted by richb
By having her write an offer you now have a contract with her (to be your agent) as well. If you were unhappy with her services you shouldn't have had her write an offer (which I am guessing was accepted by the new home builder)for a home. Once you have written an offer that is accepted that agent is the person who is seen as the person who obtained that sale.
This is patently false, in the absence of an employment contract between the agent and the buyer there is no such contract for the OP to use the current agent as a buyers agent. There might be an agreement between the buyers agent and the seller or the listing broker for commission, but that's the agent's job to enforce that agreement with the Listing Agent or the seller. That contract isn't the buyers responsibility.
The realtor probably had the OP sign the standard NJ Association of Realtors Contract, or something similar, to make the initial offer: http://www.betterhomesnj.com/pdf/contract.pdf
He needs to read Paragraph 26, then have someone explain it to him.
The realtor probably had the OP sign the standard NJ Board of Realtors Contract, or something similar, to make the initial offer: http://www.betterhomesnj.com/pdf/contract.pdf
He needs to read Paragraph 26, then have someone explain it to him.
According to the OTHER thread the OP started on this issue, they are in NC. I'm guessing NC has similar language in their contracts, but they may not.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
