1,052,211
Go to your MLS and ask if they can do that. Then come back and tell us what they say. Every one of us have showed a home to a buyer and had the buyer write through another agent. We gotta cooperate. And that builder needs to if they post it in the MLS if they are a member of the association and there's a blanket offer of compensation. Let us know what you find out.
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Kathleen Daniels, Prob...
San Jose, CA
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Tony and Suzanne Marri...
Scottsdale, AZ
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Kasey & John Boles
Boise, ID
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Ron and Alexandra Seigel
Carpinteria, CA
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Candice A. Donofrio
Fort Mohave, AZ
5,583,278
I've never experienced that.... our builders work through their listing agents and everything is in mls with a cobroke fee.... we NEVER require signing in by agents.... come and go...stay all day... we will always pay you..... if the buyer comes in without you but mentions your name, that agent will get a full cobroke fee....never needs to show up ....
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Kathleen Daniels, Prob...
San Jose, CA
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Candice A. Donofrio
Fort Mohave, AZ
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Nina Hollander, Broker
Charlotte, NC
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Debe Maxwell, CRS
Charlotte, NC
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Yolanda Cordova-Gilbert
Richmond, TX
5,230,113
TWEET about it! Use THE BUILDER'S name and be certain that nothing you are saying is untrue. It will surely put them on alert.
Not only will they be losing any future business from you but, many other agents with whom you SHARE THIS TWEET.
*I don't know if builders are protected in your state so, check with your REC first.
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John Pusa
Glendale, CA
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Anthony Acosta - ALLAT...
Atlanta, GA
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Kathleen Daniels, Prob...
San Jose, CA
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Candice A. Donofrio
Fort Mohave, AZ
1,311,397
SOP (Standard Operating Procedure) with many builders. If your clients previously found the development and toured it without you, the builder wonders why you should get credit for introducing them.
In our consultation with new buyer clients, we cover that issue. We love helping them with new construction and we stress to them that we need to be with them the first time that they visit the development, or we will be cut out of the picture.
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Kathleen Daniels, Prob...
San Jose, CA
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Nina Hollander, Broker
Charlotte, NC
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Debe Maxwell, CRS
Charlotte, NC
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Fred Griffin Florida R...
Tallahassee, FL
5,005,659
We live in an area where that would not happen or if it did the builder would back down and pay you (except for a few). Realtors in Austin sell 75-80% of new construction homes and we are courted! A few builders are very strict about you being with your buyer client when they first register but this is where relationships come into play with the sales counselors for sure. Are you known to the builders? Let us know how this plays out.
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Kathleen Daniels, Prob...
San Jose, CA
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Candice A. Donofrio
Fort Mohave, AZ
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Debe Maxwell, CRS
Charlotte, NC
613,494
This is not about a builder...it is about an MLS listing.
The MLS offering of a co-op fee is always UNCONDITIONAL...so this it total BS and not relevant. Memorize your MLS rules.
Why does anyone think that they need to give the LA the name of your buyer?
I would NEVER give the name of my client to any agent, unless it would benefit ME...like if I wanted the builder to send my buyer an info packet.
I have been refused co-op fees more times than I can count...and I have always, always, gotten paid. Why? because I don't buy a baloney answer and I become such a pain in the ass that I get paid just so they can get rid of me.
Seriously...you sound too nice.
Eve
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Kathleen Daniels, Prob...
San Jose, CA
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Candice A. Donofrio
Fort Mohave, AZ
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Debe Maxwell, CRS
Charlotte, NC
3,164,294
if registered they don't have to pay, that's simply the way builders operate. I've registered buyers where other agents tried to worm in later, nope. I got paid.
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Nina Hollander, Broker
Charlotte, NC
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Debe Maxwell, CRS
Charlotte, NC
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Yolanda Cordova-Gilbert
Richmond, TX
1,712,676
The question is inappropriate for this forum.
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Kathleen Daniels, Prob...
San Jose, CA
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Debe Maxwell, CRS
Charlotte, NC
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Yolanda Cordova-Gilbert
Richmond, TX
2,161,048
Not uncommon, builders require agents to register their buyers and often in person.
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Nina Hollander, Broker
Charlotte, NC
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Debe Maxwell, CRS
Charlotte, NC
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Greg Large
Grove City, OH
3,988,007
That kind of problem would be handled through our professional standards. If anyone lists on our MLS they are a REALTOR.
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Kathleen Daniels, Prob...
San Jose, CA
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Debe Maxwell, CRS
Charlotte, NC
2,224,473
The buyer can work with whatever agent they want. Just because they toured a house with the builder doesn't make them his clients. I would be talking with my local board and even the state association about this situation.
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Kathleen Daniels, Prob...
San Jose, CA
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Debe Maxwell, CRS
Charlotte, NC
711,852
I would be curious to see what the registration contract says.
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Debe Maxwell, CRS
Charlotte, NC
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Lyn Sims
Schaumburg, IL
4,882,355
I would start by talking to someone at the local board where the property is lised in mls.
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Debe Maxwell, CRS
Charlotte, NC
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Candice A. Donofrio
Fort Mohave, AZ
6,393,609
Builders and banks both seem to make their own rules.
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Bob Crane
Stevens Point, WI
3,071,489
Candice A. Donofrio nailed this one!
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Candice A. Donofrio
Fort Mohave, AZ
2,684,109
Talk to the Attorney who represents your Board of Realtors, or meet with an attorney who is familiar with your Board of Realtors. This may be a procuring cause issue, it may be an MLS issue... only a local attorney can answer the question for you.
Also, if you have a signed Buyer Broker's Agreement, that Buyer may owe you the money whether the Builder ever pays or not. Again, see a local attorney.
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Debe Maxwell, CRS
Charlotte, NC
4,160,899
5,772,575
I agree with Candice A. Donofrio . A
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Candice A. Donofrio
Fort Mohave, AZ
1,844,301
That would be standard in my area, sorry.
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Debe Maxwell, CRS
Charlotte, NC
921,504
DISCLAIMER
I am not an attorney. I don't even play one on TV. None of the following is leagal advise, but, may be considered HUMOROUS ENTERTAINMENT
----------------------------------------
You start like this. (SOB)
By Dragging the scoundrels into the open. Sunlight is a good sterilizer. Make sure every agent you know gets a frequent reminder and every community in which the builder is involved gets a geographically specific blog. And lets not overlook social media and all the review sites. (who has time for all that?)
Be sure to state this is a common and legal practice by Arbor Homes, but you want the public , who may be working with an agent, to be aware of the consequences of signing anything. You might even suggest a register name they should use...YOURS. So your point can be well made.
This is to PROTECT THE PUBLIC. Some agent buyer agreements state the client is liable for agent compensation if they buy a home and the compensation falls below the agents stated minimum. That another reason agents like yourself, should get these things signed. The buyer may very well exit that purchase contract with Arbor Homes. Give you some 'influence' with which to deal with the likes of ARBOR HOMES.
Of course you should consult your attorney for the proper structure and be prepared for the blow back and measure depth of your pockets.
PS: Never forget how you feel right now. Working for FREE.
This is a business, not a hobby.
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Lyn Sims
Schaumburg, IL
130,857
ouch, yet not surprised, typical in my market
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Debe Maxwell, CRS
Charlotte, NC
7,836,169
Move on to another opportunity and understand the terms.
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Debe Maxwell, CRS
Charlotte, NC
577,750
I would read the fine print on their "registration" document to see what it says.
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Debe Maxwell, CRS
Charlotte, NC
1,598,452
2,071,025
5,868,554
During our Buyer's market, builders were doing that here too. VERY frustrating!
231,224
ask to see proof. and 90 days is not too far back. You were calling and not present? when did you start working with client? prior to first showing? after? i think i would have not put the builders name here for public viewing (or members only)
1,502,998
Sounds pretty standard for those companies. I'd still talk directly with the builder. Out here they are a little more willing to work with agents... but don' t hold your breath.
4,434,127
3,345,091
Those are the general rules in my area. Some will allow us to "register" their clients over the phone. I have them send me an email confirming.
I've always been paid commission with new construction. We need to know the rules and follow them. If the buyers first went into the development without you and registered, they do not see you as the procuring cause. That is why I tell my clients never ever ... don't ever go into new construction without me.
900,128
Do you have a Buyer Agency agreement with your buyers? If you do, I would think that registering with a builder would not constitute an agency relationship and your situation would win out. If you didn't bother with a Buyer Agency agreement, you need to check your local laws to determine who's right.
4,800,082
6,305
Update: I notified our MLS with written evidence from Arbor Homes confirming that they will not honor the MLS Listing Agreement if the buyers had previosuly registered with them.
Our MLS is alarmed and the Professional Standards person will be giving Arbor Homes a call next week.
I was told by Professional Standards if this went to arbitration that I would win.
Just an FYI to those who may encounter this situation. Definetely contact your Professional Standards person and try to have everything in writing.
5,216,409
Time for a converstion with his broker! A sale is a sale. They could not get it and now you have the opportunity. No resolve, file a complaint with the Board!
3,416,038
That disclosure would have to be listed in the MLS. It is short sighted for the builder and the agent to do this. They want to sell homes. Most builders build a commission already into the price and therefore would rather have a sale then save 3% and not have a sale.
5,104,931
There are builders with policies like that. It has nothing to do with their listing in MLS. You may need to collect your commission from your buyers...or they can tell the builder they are not buying unless he pays your commission.
4,319,419
Check with your MLS - this happens once in a while and buyers do this 'mistake'!
3,986,258
I wold complain but if it really get's you anywhere that is hard to say