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The Woodland Team of Texas
The Woodland Companies - Austin, TX
Land Specialists

They should deal with this in their buyers agency agreement.

Dec 21, 2018 12:03 AM
Bob Crane
Woodland Management Service / Woodland Real Estate, EXP - Stevens Point, WI
Forestland Experts! 715-204-9671

The buyer can ask the seller to pay they buyer's agent, but the agent cannot.

Jun 25, 2018 07:58 PM
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

Commission isn't negotiable. If an agent shows the property when it's listed at 2.5% in MLS, then they've already agreed to the 2.5%. The listing agent has no authoriy to negotiate commission with other agents. The sellers and listing agent can decide to amend the listing agreement and raise commission, but they are the only ones who should be discussing it. If a buyer agent wants more than 2.5%, they should have that written into their buyer broker agreement, and the addidtional 1/2% will come from their buyer client, not from the seller or listing agent.

Sep 01, 2015 09:28 PM
Harry F. D'Elia III
RentVest - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

I show the home regardless of the commission.

Sep 18, 2016 11:06 PM
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Jeff Pearl nailed this one!

Sep 17, 2016 09:13 PM
Jeanne Feenick
NextHome Premier - Basking Ridge, NJ
The Agent you choose REALLY does make a difference

I think you have answered your own question - the commission is agreed upon between seller and listing agent. What is paid out is published on the MLS - end of story.

Sep 02, 2015 10:11 PM
Chris and Dick Dovorany
Homes for Sale in Naples, Bonita Springs and Estero, Florida - Naples, FL
Broker/Associate at Premiere Plus Realty

The answer is no and how dare you call me.  Read what I have  offered in the MLS and that is the end of the conversation.

Sep 02, 2015 04:14 AM
Eve Alexander
Buyers Broker of Florida - Orlando, FL
Exclusively Representing ONLY Orlando Home Buyers

Everyone that left a comment needs to read the CODE OF ETHICS AND ARBITRATION MANUAL particularly the interpretation of an agent including their fee in the offer.

PAGE 344   CASE #16-16 AND CASE #16-17

You better believe that an agent CAN include their commission in the offer...exclusive buyer agent have been doing that for years...particularly the years when the co-op fee for them was one penny.

Don't believe it?  Call the legal hotline or ask NAR.

Contracts are between Buyers and Sellers however the BA commission CAN BE ADDRESSED IN THE OFFER.

The only thing that the buyers agent cannot do in the offer is reduce the LA commission.  They can ask for additional commission, a bonus or anything they want...no differently than the buyer can ask the seller for a new roof.


PS:  the BA can also negotiate a higher split with the LA if they choose to, and no that is not against the code of ethics.


Sep 02, 2015 03:29 AM
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Daniel W. Hayes You are not wrong. If the agent wants more money, they should have negotiated it in their Buyer Broker Agreement with the buyer.

Sep 02, 2015 12:06 AM
Raymond E. Camp
Ontario, NY
Licensed Real Estate Salesperson Greater Rochester

If  a client wants to see it then you better be showing; commission could be negotiated.

Sep 01, 2015 11:01 PM
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

So, you believe if a rogue broker places a house for sale in the MLS with a stated compensation of $1 (one whole dollar which is allowed in my MLS) that the buyer agent is COMPELLED by the 'code' to show that property?

Sorry, but your low compensation should be avoided by those small business owners known as real estate agents. 

Now you are aware, some NY based brokerages COMPEL their agents to do the 3% or they will meet the wrath of their broker.

Just like those bogus service fees, bogus mls fees, and now compensation, some brokers IMPOSE on their agents what the parameter of their business is.

Once more, the suggestion of bad behavior will be directly linked to the brokerage.

Regarding your question...the buyer, my buyer, the buyer will not want to see your house and at their directive, you will be bypassed, unless you correct the problem. The agent is giving you a chance to correct the problem. The choice is yours to make.

Sep 01, 2015 10:17 PM
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Daniel W. Hayes If they want more, write up an offer asking for more. The seller will decide if they want to.

You are right - it is against COE to not show the home because of the compensation.

Sep 01, 2015 09:41 PM
Curtis Evans
Cabin Realty LLC/ USA, Licensed in Louisiana - Golden Meadow, LA

Don't they realize that they are showing how greedy they are by asking for more compensation. They are not working for their clients best interest. I would have trouble trusting them. 

Sep 01, 2015 08:48 PM
Kevin J. May
Florida Supreme Realty - Hobe Sound, FL
Serving the Treasure & Paradise Coasts of Florida

Unethical maybe, ILLEGAL no! The fact remains that the co-op fee in this instance is 2,5% whether they show it or not.

Sep 01, 2015 07:55 PM
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Good morning Daniel. You are not wrong at all.

Sep 01, 2015 06:01 PM
Troy Erickson AZ Realtor (602) 295-6807
Good Company Real Estate - Chandler, AZ
Your Chandler, Ahwatukee, and East Valley Realtor

Daniel - You are absolutely not wrong on this one, yet I also hear agents all the time telling me that they look for listings that offer a higher commission, and do not show their clients listings that have a lower commission than they feel they are worth. I agree that this behavior is illegal, but not much you can do about it - I assume it would be difficult to prove.

What I would tell the buyers agent is simply, "This is the commission my broker and seller have agreed on. Your job is to help find your buyer the right home for them, which has nothing to do with how much money you will be making".

Sorry, but I have no patience for these kind of people. Sometimes I don't even know what my commission will be until I get the check, because it really does not matter to me. I am just trying to help my buyer find a home.

Sep 01, 2015 04:44 PM
Frank Rubi
Frank Rubi Real Estate, LLC - Metairie, LA

Your correct on the COE

Sep 01, 2015 03:49 PM
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

I have had agents call before showing and ask for a bonus if they sell my listing. I don't think this is proper but think it shows a desparate agent.

Sep 01, 2015 01:31 PM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

I generally find out how the BA commission is the day before closing when I see the HUD.  I know some agents won't work less for X% and have buyers agree to that and agree to pay a difference in the BBA and sometimes buyers rule out based on having to pay extra commission, but I frankly don't like that style either and would never use it.

Sep 01, 2015 01:20 PM