Special offer
Dr. Karen Lewis, Broker 954-2489149, No Compromise When it Comes to Our Clients! (Align Right Realty K1 Group)

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Rainmaker
5,104,931
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

I'm not touching this with a 10-foot pole... first of all, don't know how the laws work in your state both in terms of listing contracts and real estate contracts. One thing to keep in mind is that her agreement to pay you a commission is separate from her contract with the buyer. Your commission is a separate contract with her. What you need to think about is how far you'll go to collect your commission, which may mean suing her... are you prepared to do that? And will the cost of a law suit be more than the commission?

Jul 19, 2017 03:15 AM
Rainmaker
613,494
Eve Alexander
Buyers Broker of Florida - Tampa, FL
Exclusively Representing ONLY Tampa Home Buyers

...this is a former client?? So much for valuing your services...

Forget the buyer, because in this case they are a "nobody".  They have a contract with the seller and can't dictate what should happen in the contract between you and the seller. Besides, she can't raise the price on the buyer.

Hire an attorney to do what? pay them a retainer fee to do something that you already know the answer to?

Trust me on this...the buyer will not back out of the contract, because the deal is too sweet for them.

So what if she is making less than you??  It is not like she has to dig in her pocket to close the deal, she just wants more money...

She is a dirt bag.  First she tries to screw you out of a commission and now she wants to steal the purchase contract back from the buyer so that she can renege on her deal with them.

Don't help her be dishonest and greedy!  Figure out what you must have out of the deal and then hold her feet to the fire. 

Eve

 

Jul 19, 2017 03:44 AM
Rainmaker
1,543,823
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
CEO of Vision Drive Realty - Coastal San Diego

I'm sorry, I've read this twice and as written it's unclear the problem, since it seems you say she wants out but the buyer will sue her and you close with the buyer wants to back out? The way this reads, both parties want out and your problem is solved if they do.

Otherwise it's attorney time since the seller is under contract with you and the seller accepted an offer with you representing her; the seller owes you a commission. You may reduce your commission if it's a relationship worth preserving, but it's not yours to lose since the seller accepted an offer knowing full well the math.

I can't fathom this situation occurring though...it seems you may not have properly educated the seller for the seller to do this to you.

Jul 19, 2017 04:49 AM
Rainmaker
2,817,671
Debbie Gartner
The Flooring Girl - White Plains, NY
The Flooring Girl & Blog Stylist -Dynamo Marketers

Yep, refer this to the real estate attorney. It sounds like seller is obligated to 2 contracts.  The question is whether she can get out of either one of them.   If it's an investor it may be harder to get out of that contract and even moreso if they started to do work.  If it's a normal person, there could be a way out during inspection process/negotiation.

It does seem that whether the buyer wants to pay or not pay your commission is irrelevant.  The buyer offered a price and that's what they are seller are obligated to.  And, seller is also obligated to you to pay your commission...but as others have mentioned, you may need to sue to get that money.

Jul 19, 2017 03:34 AM
Rainmaker
5,772,575
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Karen,

Oh what a tangled web we weave when we seek to deceivee, and I agree with Nina Hollander wholeheartedly.  A

Jul 19, 2017 07:21 AM
Rainmaker
536,943
Rose Mary Justice
Synergy Realty Pros - Dandridge, TN
Synergy Realty Pros

Sounds like a real hot situation.  I was just in the same situation where the seller decided they did not want to sell.  They came back on board so far but it has not closed yet.  Look at your state rules to see if she is obligated to pay you since you did your part by bringing her a buyer.  She still may be obligated to pay you whether it closes or not.  But it is up to you to enforce it.  Legal advice is usually the best route.

The buyer however has to enforce his deal with her by filing suit in our state.

Jul 19, 2017 04:55 AM
Rainmaker
3,071,489
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Nina Hollander nailed this one!

Jul 19, 2017 04:58 AM
Rainmaker
1,712,676
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

This is a question for your broker and for those who are in reale state school who ask questions about what to look for in a broker, this is one of the scenarios where you need a good broker.

Jul 19, 2017 04:42 AM
Rainmaker
3,340,443
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

Is she having an inspection ?  Lots of reasons that may mean withdrawing he offer.  

Jul 19, 2017 02:23 AM
Rainer
274,059
Curtis Evans
Cabin Realty LLC/ USA, Licensed in Louisiana - Golden Meadow, LA

Bring this to a real estate Attorney, let the Attorney handle this !! Hook up with a good one if you have not already. To keep things going smoother, my personal Attorney is also a very good real estate Attorney.

Jul 19, 2017 02:17 AM
Ambassador
2,684,109
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

What Nina Hollander said.

Jul 19, 2017 07:11 PM
Ambassador
3,587,960
Anna "Banana" Kruchten
HomeSmart Real Estate - Phoenix, AZ
602-380-4886

What? She signed the listing and then signed a sales contract that you knew nothing about?  Talk to your broker!

Jul 19, 2017 03:10 PM
Rainmaker
809,258
Kasey & John Boles
Jon Gosche Real Estate, LLC - BoiseMeridianRealEstate.com - Boise, ID
Boise & Meridian, ID Ada/Canyon/Gem/Boise Counties

How did she receive an offer without it coming through you?  That's the missing piece for me. -Kasey

Jul 19, 2017 09:35 AM
Rainer
352,976
Teri Pacitto
Compass - Westlake Village, CA
Real Estate, Your Style...Your Home...My Specialty

I was just going to respond...no way this can or should be answered by anyone other than your broker and I scrolled and saw that Nina Hollander has already said it and I concur.  Best of luck.  Sorry this happened to you.

Jul 19, 2017 06:28 AM
Ambassador
6,393,609
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

People need to understand and live up to the agreements that they sign.

Jul 19, 2017 06:16 AM
Ambassador
2,178,603
Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Retired Agent / Broker / Prop. Mgr, Wenatchee, WA

Hi Karen,
If you are not the agency Designated Broker, it isn't your call.  It is the agency listing, not yours so it is their decision.  That said if it were me I would probably negotiate down the commission to cover time and expenses and move on.  

Jul 19, 2017 05:58 AM
Rainmaker
2,182,552
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

Where do you find these people ?

Jul 19, 2017 05:40 AM
Ambassador
5,230,113
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

Two very shady moves on your client's part - she knew exactly what she was doing! As Mike & Eve Alexander said, hold her feet to the fire! 

Jul 19, 2017 05:11 AM
Rainmaker
5,005,659
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Wow! This is a hot mess..real estae attorney time for sure..get a good one.

Jul 19, 2017 05:06 AM
Rainmaker
556,536
Greg Cremia
Shore Realty of the Outer Banks - Nags Head, NC

"she is getting a property thru probate" if probate is still ongoing you may have nothing. If she is not yet the owner she might not have the authority to sign the listing agreement and/or the purchase agreement.

Jul 19, 2017 05:00 AM
Rainmaker
4,882,355
Richard Weeks
Dallas, TX
REALTOR®, Broker

If you are not the broker of record I would begin by talking to them.

Jul 19, 2017 04:58 AM
Rainmaker
911,338
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

"she is getting a property thru probate"? Does that nean she is not yet the legal owner of the property?

Jul 19, 2017 04:28 AM
Rainmaker
5,583,278
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

follow Eve's advice and then send her a fee....

Jul 19, 2017 04:19 AM
Rainmaker
3,626,530
James Dray
Fathom Realty - Bentonville, AR

Not knowing the laws in your state I concur with the others who have written a comment.  Call an attorney.

Jul 19, 2017 04:00 AM
Rainmaker
7,836,164
Roy Kelley
Retired - Gaithersburg, MD

Thanks for sharing this experience.

Jul 19, 2017 03:52 AM
Rainmaker
5,868,554
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Like Nina, would not touch this, talk with your broker on this! 

Jul 21, 2017 12:04 PM
Rainmaker
763,883
Tony Lewis
Summit Real Estate Group - Valencia, CA
Summit Real Estate Group Valencia & Aliso Viejo

This whole matter needs to be reviewed by an Attorney and your Broker.  The offer needs to be legal and binding.  Your commission is secondary and to be handled after the review and if legal and binding the close of escrow.

Jul 20, 2017 11:41 AM
Rainer
67,369
Evelyn M Epperson
Coldwell Banker Residential Brokerage - Johns Creek, GA
A Tradition Of [Excellence, Trust & Service]

Your broker needs to get involved with this one.  You should be paid by the seller who screwed herself by accepting a contract without having you involved.  Hire a real estate attorney and get your commission.

Jul 20, 2017 05:04 AM
Rainmaker
4,319,419
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Karen Jones Lewis, MBA, Realtor - I guess, it is the attorney time! Complicated - and you want to be paid for sure.

Jul 19, 2017 11:05 PM
Rainmaker
1,525,616
Sybil Campbell
Fernandina Beach, FL
Referral Agent Amelia Island Florida

It depends on what your contract says, but you should talk to your broker or a real estate attorney.

Jul 19, 2017 07:10 PM
Rainmaker
4,434,127
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Good luck.

Jul 19, 2017 07:07 PM
Rainmaker
1,502,998
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

I think it's best to contact a lawyer here.  I don't really understand the question, it sells buyer were I think you mean seller in places.

Jul 19, 2017 12:58 PM
Rainmaker
3,986,258
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

I d would get some good advice

Jul 19, 2017 11:25 AM
Rainmaker
1,466,207
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Karen Jones Lewis, MBA, Realtor Refer to your listing agreement. An Exclusive Right to Sell contract usually specifies whether you sell the property or the seller sells it directly which I believe is this case. The next step is up to your Broker to legally enforce the agreement.

Jul 19, 2017 09:42 AM
Rainmaker
1,153,794
Kevin J. May
Florida Supreme Realty - Hobe Sound, FL
Serving the Treasure & Paradise Coasts of Florida

Getting a property through probate means to me that the transfer to her ownership is not complete. That said, I do not believe the authority to list it with you can be valid. Wishing you the best of luck in this scenario.

Jul 19, 2017 09:01 AM
Ambassador
3,383,334
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

I don't understand how a buyer thinks they are paying you when you a seller that listed with you, and the compensation is included in that deal.  

Jul 19, 2017 09:00 AM
Rainmaker
989,652
Jennifer Mackay
Counts Real Estate Group, Inc. - Panama City, FL
Your Bay County Florida Realtor 850.774.6582

I'm completely with Nina Hollander on this - what is your reputation worth?

Jul 19, 2017 08:18 AM
Rainmaker
4,936,705
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

I have to say get a attorney involve at this point.

Jul 19, 2017 07:18 AM
Rainmaker
1,239,901
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

Karen,

Talk to your broker. It is his potential loss.

I never rushing signing a contract and do find people change their mind. I may get upset but do not have to sue someone and sleep better.  I try to be busy working harder on next sale and do not look back.

All the best.

Jul 19, 2017 07:00 AM
Rainmaker
1,617,916
Harry F. D'Elia III
WEDO Real Estate and Beyond, LLC - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

that is in our purchase contract so we always get paid

Jul 19, 2017 06:48 AM
Rainmaker
5,216,409
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Who wants out of the contract, the seller? Attorney time! Sounds like you need one to!

Jul 19, 2017 06:40 AM
Ambassador
3,345,091
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Consult with an attorney.  I'm not going to play lawyer here ... or anywhere. 

Jul 19, 2017 06:36 AM
Rainmaker
2,781,173
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Simple math solves this problem. Its called play to pay. The only way out of this is to humbly negotiate or learn the hard way. Real Estate is for the real

Jul 19, 2017 06:35 AM
Rainmaker
1,231,853
Mary Yonkers
Alan Kells School of Real Estate/Howard Hanna Real Estate - Erie, PA
Erie/PA Real Estate Instructor

Thanks for ActiveRain community you have received several well-written answers.  Please write a post after this dilemma is resolved.  Best of luck.

Jul 19, 2017 06:20 AM
Rainmaker
1,725,996
Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

It all depends on the contingencies and contract terms.

Jul 19, 2017 06:11 AM
Rainmaker
4,800,082
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I would leave this question for an attorney.

Jul 19, 2017 05:46 AM
Rainmaker
3,416,038
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

If the seller signed a listing agreement with the listing agent, then if the home sells they owe the money. If the seller is in a contract with the buyer, then breaking the contract can lead to a suit. Then, why is the buyer doing anything in the house before they own it? Did they have permission? How did they get in? Did the seller know? This is a case for a lawyer

Jul 19, 2017 05:36 AM
Rainmaker
3,988,007
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

Is the seller over 18 and did she understand what she was signing at the time of the listing? The listing agreement stands. Let the chips fall.

Jul 19, 2017 05:28 AM
Rainmaker
544,014
Dave Halpern
Dave Halpern Real Estate Agent, Inc., Louisville, KY (502) 664-7827 - Louisville, KY
Louisville Short Sale Expert

Easy. Letter from your brokerage's lawyer to the seller asserting she owes the commission. Ask your lawyer if he/she can file something in the courthouse that will cloud the title with your claim to be paid.

Jul 19, 2017 05:16 AM