Do I have to pay my broker

What is the name of your state? South Carolina

If I signed a Buyer Agency Agreement with a real estate broker stating that he is my agent, will I now have to pay him commission if I found a house being sold "by owner" that I have viewed by myself and have not mentioned anything to my agent about?

[nextwife]

If your contract says you must in such a scenario, yes.

Yes you will have to pay. Per your buyers agency agreement #4a-Viewing any property (previewing, etc) only with Broker or Broker's designated representative and not with another real estate broker, salesperson or seller.

#5 Broker fees will be deemed earned when Buyer is under contract to purchase any property presented Broker or negotiated by buyer. If Buyer defaults, the total compensation that would have been due to the Broker will be due and payable immediately in cash from Buyer.

But, if you are dissatisfied with their services you can try to get them to release you in writing from the contract before you make an offer on this property. Be sure not to mention it because they have a right to anything that was shown or seen during the contract.

[HomeGuru]

Originally posted by pru20024
Yes you will have to pay. Per your buyers agency agreement #4a-Viewing any property (previewing, etc) only with Broker or Broker's designated representative and not with another real estate broker, salesperson or seller.

#5 Broker fees will be deemed earned when Buyer is under contract to purchase any property presented Broker or negotiated by buyer. If Buyer defaults, the total compensation that would have been due to the Broker will be due and payable immediately in cash from Buyer.

But, if you are dissatisfied with their services you can try to get them to release you in writing from the contract before you make an offer on this property. Be sure not to mention it because they have a right to anything that was shown or seen during the contract.

**A: have you actually read a copy of the writer's SC Buyer's Agency Agreement?

Oh brother

[annefan]

I second that.

There is only one agency agreement that can be used in SC, so I don't see what could be different.

[HomeGuru]

Originally posted by pru20024
There is only one agency agreement that can be used in SC, so I don't see what could be different.

**A: that does not answer my question.

[JETX]

"There is only one agency agreement that can be used in SC, so I don't see what could be different."
*** I doubt that is true. Could you please provide a link to a state law that prohibits an attorney from drawing up a different 'agency agreement' or from an agency using one??

[HomeGuru]

"There is only one agency agreement that can be used in SC, so I don't see what could be different."
*** I doubt that is true. Could you please provide a link to a state law that prohibits the Buyer client from drawing up a different 'agency agreement' or from an agency using same.

Originally posted by sherlock156
What is the name of your state? South Carolina

If I signed a Buyer Agency Agreement with a real estate broker stating that he is my agent, will I now have to pay him commission if I found a house being sold "by owner" that I have viewed by myself and have not mentioned anything to my agent about?

Yes an attorney can draw up an agency agreement, but I don't think this happened in this case or the attorney would have given them an out. I was referring to the agent writing there own. Brokers and Realtors are not attorneys and therefore cannot prepare legal documents. That is why there is a standard agency agreement that all Brokers and Realtors are required to use.

I have no idea if there is a link that states this. I am going by being a Broker for 15 years in both NC and SC.

[HomeGuru]

Originally posted by pru20024
There is only one agency agreement that can be used in SC, so I don't see what could be different.

**A: and as a broker in 2 states for 15 years, you should very well know that your statement above is incorrect. There is no law in either SC or NC that requires the use of one specifc state approved agency agreement. You know that.

[mykoleary]

I know this is tha case in WA, and thought it was most everywhere else as well.

If not, then please correct me quick...

OK, doesn't the SELLER pay the commissions? I was under the impression that the seller paid through profits of the sale the buying and selling agents' commissions.

That being the case, it should only matter if the FSBO seller doesn't want to pay the commission. If they don't mind, then make an offer and go for it...

[JETX]

"I know this is tha case in WA, and thought it was most everywhere else as well."
*** You know WHAT is the case in WA?? Your post was made after several others and without any clarification, so no one can tell what the hell you are talking about.

"If not, then please correct me quick..."
*** Would be glad to.... if you tell us what you are talking about.

"OK, doesn't the SELLER pay the commissions? I was under the impression that the seller paid through profits of the sale the buying and selling agents' commissions."
*** In most cases, you are correct. However, there could be other cases (buyers agent could be one) where the seller doesn't pay all the fees.

"That being the case, it should only matter if the FSBO seller doesn't want to pay the commission. If they don't mind, then make an offer and go for it..."
*** And shows that you did NOT read the original post. This writer clearly has a BUYERS AGENT agreement.

[nextwife]

Although I frequently see buyer agency situations in which the buyer tenders an offer that asks that, as one of the terms of the offer, the seller pay the buyer agency commission. Seller is free to accept or reject the offer.