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seller's agent commission

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Dobro1

Guest
A seller's agent showed me a home on March 14th. She followed up with me on the phone, and we never had contact again. In September the price on the home was reduced (after being taken off the market for a month for internal construction work). I called the listing agent, saw the house and made an offer without a broker that was accepted on Sept. 30th. We will sign the P&S on October 13th. Does the agent of March 14th have a claim to any commission? (Massach.)
 


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David J. Miller

Guest
You realize that the seller of the property pays the commission from the proceeds of the sale, right? You do not pay any commission so it seems as though this is between the seller and the listing agent (agent representing the seller). Did the agent assist you in preparing the offer? Was the agent listed as a dual agent on the purchase agreement?
 
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dobro1

Guest
Thanks for your reply. Yes, i realize the seller pays the commission. Other points: I did not mention to the listing agent that i had seen the property with a broker (in March). (He didn't remember this as well as he was present in March) The listing agent gave up a portion of his commission to get us to agree on price. The P&S will be signed 182 days after this agent brought me to the property. My concern is that the listing agent/seller will come after me if this agent comes after them for a portion of the commission (as i did not disclose this agent). How long does the agent have a right to get commission even though she has been out of the picture since initially showing it to me? Thanks again...
 
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David J. Miller

Guest
Did you sign anything with the other agent? Has the other agent been in contact with you since he showed you the house?

Please note, I am not an attorney. This suddenly became a little more complicated, so since I'm sure the above questions are relevant, answer them and waite for an attorney's reply.

 
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dobro1

Guest
Thanks again. I only signed the standard form stating i understood the agent represented the seller. that's all. I was taken out by the seller to see 5 homes. The seller called me once the following week, and she has never contacted me again. [Does she have any claim to a commission?]
 
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David J. Miller

Guest
I "BELIEVE" that as long as you did not sign an "exclusive right to represent" with the old Rltr then you should not have anything to worry about.


Disclaimer: But as I said, I'm not an attorney.
 

HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Dobro1:
A seller's agent showed me a home on March 14th. She followed up with me on the phone, and we never had contact again. In September the price on the home was reduced (after being taken off the market for a month for internal construction work). I called the listing agent, saw the house and made an offer without a broker that was accepted on Sept. 30th. We will sign the P&S on October 13th. Does the agent of March 14th have a claim to any commission? (Massach.)<HR></BLOCKQUOTE>

Yes, the agent showed you the property and is entitled to a commission.
 
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dobro1

Guest
For Homeguru, Tracy, or anyone else who wishes to give me your opinion. Since (as some believe)the selling agent is entitled to a commission, who is responsible for paying the commission? The listing agent got 4 1/2% for selling the home. The seller and me (the buyer) were $10,000 apart, so he agreed to give up this amount from his commission. All opinions welcome. Thanks.
 

HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by dobro1:
For Homeguru, Tracy, or anyone else who wishes to give me your opinion. Since (as some believe)the selling agent is entitled to a commission, who is responsible for paying the commission? The listing agent got 4 1/2% for selling the home. The seller and me (the buyer) were $10,000 apart, so he agreed to give up this amount from his commission. All opinions welcome. Thanks. <HR></BLOCKQUOTE>

The real estate agent that showed the home to the buyer that closed is due 2.25% of the sales price. Which is half of the sales commission that the listing agent would have gotten. It could be argued that the amount is incorrect because if the listing agent did not forfeit some of the commission the sale would not have gone through. In that case, the agent is due half of whatever gross sales commission the listing agent actually received.
 

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