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In my state you are not allowed to write an offer with a rebate in it. You are allowed to write an offer at a price that would be equal to having the rebate. But the buyer cannot interfere with the listing agreement between the listing agent and the Seller.
I've never mentioned a rebate in an offer, but I've had my commission credited to the Buyer on the closing statements. Although I see no need to mention a rebate in an offer, how would it be an interference with the listing agreement if the Listing agent had already agreed to split their commission with a Buyer's agent? As Mike has asked, are rebates prohibited in your state?
In my state you are not allowed to write an offer with a rebate in it. You are allowed to write an offer at a price that would be equal to having the rebate. But the buyer cannot interfere with the listing agreement between the listing agent and the Seller.
Yeah, what Mike said. Rebates are not between the Buyer and Seller and not included in the contract. The Seller cannot guarantee your Buyer Agent lives up to their word on the rebate.
That would be contracted in the Buyer Rep Agreement or in the Listing Agreement with your Agent.
And OP you in TX would have to disclose your relationship with your "Agent". For 1 deal it's not worth the expense.
the only advantage would be once your offer was accepted as the best, you could probably get some/all of her commission paid out as closing costs instead. But you'd have to have the best offer first, and as other have noted, her costs to license and affiliate will likely come close to a significant portion of that
The real estate process is stressful, in the best of times.
Is it worth ruining your marriage over...or at best, living with the fallout from failed deal(s), paper screw ups, and all the other things which go wrong even in a smooth closing?
REX sued the governor and state officials of Oregon over the practice and the case was dismissed in December of 2021.
I was speaking on a national/class level.
At minimum, an agent should be able to pass some commission to the buyers as a principle reduction on a loan.
Between some of the stuff Diana and you post, it seems the PNW environment is sort of messed up when it comes to supporting consumers in real estate transactions.
"Rebate" in this case would be between buyers agent and buyer, so no need to have it mentioned in the Offer or Contract.
Is it illegal in your state for the buyers agent to refund a portion of their commission to the buyer?
No it is not. But the Buyer cannot write an offer that interferes with the Listing agreement between the Seller and the Listing Broker.
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Between some of the stuff Diana and you post, it seems the PNW environment is sort of messed up when it comes to supporting consumers in real estate transactions.
