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08-19-2007, 03:15 PM
| | Junior Member | | Join Date: Aug 2007
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| |  do I have to pay this realtor?
What is the name of your state? Oklahoma
I had my house for sell by owner in Oklahoma. A realtor called me and asked to show the house in a one time showing for a young couple. I agreed and the house was shown. A few days later the couple called and said that they wanted to buy the house for the asking price. However, there was a catch. They wanted to purchase the house from me and bypass the realtor altogether. The couple said that they had not signed any paperwork with the realtor. They said that they had not realized that the house was for sale by owner and had contacted the realtor in error. Now they see no need to pay a realtor that had done no work for them other than make a phone call to myself. Is this legal? Do I or the buyers have to pay a commission to the realtor?What is the name of your state? |
08-19-2007, 03:37 PM
| | Senior Member | | Join Date: Nov 2005 Location: South Cackalacky
Posts: 15,044
| | | Yes, the buyers should pay the realtor that made that ONE phone call that will result in a sale.
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08-19-2007, 05:47 PM
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| | | Short answer: Yes
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08-19-2007, 07:40 PM
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| | | It is obvious that it was NOT the seller's own marketing of this property that brought it to the buyer's attention. It was the efforts of the Realtor that connected the buyer and seller.
Did you enter into any sort of one party listing with the realtor?
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08-20-2007, 08:01 AM
| | Member | | Join Date: Sep 2006 Location: Panama City, FL
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| | Quote:
Originally Posted by nextwife  It is obvious that it was NOT the seller's own marketing of this property that brought it to the buyer's attention. It was the efforts of the Realtor that connected the buyer and seller.
Did you enter into any sort of one party listing with the realtor? | I think the answer is is VERY important. If the OP entered into a single party agreement, then the OP(seller) will owe the commission to the real estate salesperson because they are an agent of the seller. Even if there is no written agreement, the salesperson may file suit to get the comission based on the verbal agreement.
If the buyers entered into an agreement(written) with the salesperson(buyers agreement), then they will be responsible for paying the commission.
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08-20-2007, 08:29 AM
| | Senior Member | | Join Date: Oct 2005 Location: Ohio (southwest)
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| | | But, at best (seeing as how the house wasn't "listed") the buyer should only have to pay 3%, wouldn't you say? |
08-20-2007, 08:50 AM
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Originally Posted by LindaP777 But, at best (seeing as how the house wasn't "listed") the buyer should only have to pay 3%, wouldn't you say? | It wasn't "listed" but the seller did agree verbally as they have admitted here to letting the realtor show the house. The seller owes the realtor the commission. But since it wasn't listed I do agree that it should only be the sellers half (3%) and not both! |
08-20-2007, 09:38 AM
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Posts: 19,149
| | | If they had a one party agreement, the seller would owe WHATEVER the one party agreement called for.
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08-20-2007, 09:44 AM
| | Senior Member | | Join Date: Oct 2005 Location: Ohio (southwest)
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Originally Posted by nextwife If they had a one party agreement, the seller would owe WHATEVER the one party agreement called for. | That's seems to be the problem. It appears that no solid agreement was established! If no commission is paid at all, I can see the agent suing the buyer, but not necessarily the seller, unless they agreed to something over the phone. |
08-20-2007, 09:48 AM
| | Senior Member | | Join Date: Sep 2006 Location: Missouri Ozarks
Posts: 2,924
| | | I don't think there is a contract either between seller and realtor or buyer and realtor. But I also think 3% is fair given asking price was met. |
08-20-2007, 12:49 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | Quote:
Originally Posted by missouriguy What is the name of your state? Oklahoma
I had my house for sell by owner in Oklahoma. A realtor called me and asked to show the house in a one time showing for a young couple. I agreed and the house was shown. A few days later the couple called and said that they wanted to buy the house for the asking price. However, there was a catch. They wanted to purchase the house from me and bypass the realtor altogether. The couple said that they had not signed any paperwork with the realtor. They said that they had not realized that the house was for sale by owner and had contacted the realtor in error. Now they see no need to pay a realtor that had done no work for them other than make a phone call to myself. Is this legal? Do I or the buyers have to pay a commission to the realtor?What is the name of your state? | **A: Seller owes no commission and neither does the Buyer. Although, the showing Realtor could make a claim and get some $$$ from the Buyer. | |
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