Yes. As a buyer-agent. 

Years and years ago. I made Arizona real estate history. The seller was a real estate attorney. His mother was the listing agent. At close of escrow, he instructed the escrow company not to pay the buyer-broker commission - on the basis that our buyer-broker agreement and listing agreements are not valid in the state if Arizona even if signed by the parties.

I sued his mom (the listing agent) and the mom's brokerage who claimed they never received the money from the seller thus could not pay the buyer broker fee. The state association got into the fight on my side.

Like a bull-dog that would not let go, I self-represented myself and on behalf of the brokerage as well. Did all the research and prep. I was going in there to win.

The seller even filed a 300 page legal memorandum about why I should have my license revoked - to disparage me, and to encourage me to drop the lawsuit against his mom. 

Months and threats later, on trial day, as I open the door to the courtroom, the seller (attorney himself) had hired an attorney to represent him - this attorney handed me a check for the full commission in lieu of a trial. I refused. Full commission plus all my expenses, plus my time $ equivalent was negotiated and paid in full.

This made Arizona real estate history.

ha....I had a builder who decided the I made enough money!!!  I had an exclusive right to sell all of his homes and I was pumpin' 'em out faster than he could buid them.... 

I brought him to our local "district court" and not only did I win, but he had to put the last 3 closing commissions in escrow with our office.... 

I can't say I have ever heard of such an incident.  

The seller does not pay the buyers agent, they pay their agent's broker, and the broker shares the commission with the agent and the buyers broker.

No, I have not. However, since sellers don't actually pay a buyer agent's commission a buyer agent could have grounds to sue the listing agent for it. The seller offers a commission their listing agent, who in turn through mls, offers to share their commission with a selling agent. At the end of the day, if a buyer closes on a transaction, their agent brought a ready, willing and able buyer... their own performance might not have anything to do with whether they should be paid for it or not.

Haha, have I had a seller client not want to compensate the buyer's agent? Yeah.

Did we have a choice? No.

Have I had a buyer tell me don't even show me their properties, I don't ever want to deal with them again? Yep!

This is why we try to do good and be good.

Memories are long when you feel you got screwed.

Never had that happen, Paul, but if it had that would not be the decision of the seller or the buyer.  The agreement, as you know, is between the seller and listing agency.  By placing the listing in MLS there is a clear offer of compensation... with no stipulation for acceptable performance. 

All that being said, if poor performance were a factor, there were many times the buyer's agent did not deserve to be compensated.

No. If a homeowner tried this, especially at closing, it would not fly, the terms are already set in the listing contract. A seller tried to discredit me to get out of a listing agreement, the contract stayed with the brokerage, the home sold and I got paid.

The parties to a contract may be unhappy but refusing to honor the contract is not a solution. The seller is obligated to pay the agreed commission and the listing agent is obligated to pay the buyer's agent the amount that was offered for bringing in the buyer.

So, far, I have not had a client who was foolish enough or upset enough to attempt to avoid fulfilling their obligations.

We recently had a seller demand a decrease in commission because the buyer had accessed the home without permission.

I have had a seller who was unhappy with the performance (or lack, thereof) of the buyer's agent and did not want them to be paid, but that decision was not in their control.

No but interesting story I am sure.

It is via the listing Broker , listing contract w/ the Seller and MLS cooperation rules determines how the Buyers agent is paid. So it would be a Listing Brokers final decision.

I have a few sellers who think they have mastered teh nternet refuse to buy a buyer agents commission wanting a discount. I then explain how teh buyer agent is aid from the listing agent commission. I also explain they may be limiting buyers but not encouraging buyer agents to bring their buyers. On the closing side, i have had a few buyer agents who showed up for nothing not deserve to be aid but were 

No this hasn't happened in any closings I've attended.

Wow, that must have been quite the closing you mention! 

No sir not yet, but the week is just getting started tomorrow

Oh YES! It was a living nightmare for me but, ended on a wonderful note.

Here's my post about the nightmare - Here Comes DUH Judge!

Only once on a FSBO and my Buyer was a young man who had no problem stiffing me despite a whole lot of work put in by me. This was the one and only time I had a bad experience working with an active duty military person.

It is the art of the deal, believe me.

We are obligated to pay the co-op agent the fee marketed in MLS. However, if there is nonperformance on the part of that agent and if the seller does not want the agent paid, I would discuss the issue with the managing principal broker of the buyer's agent and figure out a solution.

Nope.

Not directly as you have stated. I've had many big bad banks on short sales reduce commission stated in the contract. 

I've not seen this ever. It must have been an extraordinary transaction.

Never.

I know the majority of thought about it but moved on...In all fairness it is a lot of money and hindsight plus having a back-seat during the process makes it look so easy. The front lines says otherwise....

I have 'heard' such expressions, however, in the end everyone got paid.

Most common disturbance occurs when agent for the buyer hands a check to the buyer from moneys the seller intended for professional fees.

Our own practices can create a hostile closing environment.

Never had to deal with this situation.

Knock on wood I have not.

The amount of commission that buyer's agent/broker is paid for is listed on the mls, AND on our listing agreement the listing agent/broker set a fee that a seller needs to pay them and from that fee listing broker is to pay xxx to buyer's broker.

Want to haggle after quickly finding an all cash buyer. Realtor's job is too easy they don't deserve the commission signed on the contract.

To get loan business some loan agents here will list for free or full refund.   

No it hasn't happened to me but know of others who have suffered...not sure if they pursued it or not but hope so. Richard Bazinet /MBA, CRS, ABR has a great story!

Paul,

Never happened to us.  A

No. I have not had this happen to me.  But I am sure there could be some legitimate reasons this could happen.

Yes.  Perfectly legal in CA.  Wells Fargo denied me the commission on a short sale because an officer of the company buying the property and I were related.  I filed with the attorney general's office on the basis of discrimination and violation of the Unruh Civil Rights Act (a California law).  Crickets in response.  Didn't matter what the MLS said about commission splits either.  Almost sued Coldwell Banker over it, but I liked the agent and the Broker on their side and didn't want to cause problems for them.

No

At closing, yes, but only until "the check clears", which is ironic because the big asset, the HOME was handed over to the buyers BEFORE the same check cleared. Very petty.

No... Theoretically,  the escrow would withhold the commission regardless of the client protest. They would probably hold it till a principal and a broker go through an arbitration and litigation, if necessary. 

I have never experienced that issue.

No, and hopefully won't.

No, I have not experienced that

Wow,  I never heard of that before

No, fortunately - no.

commission is set forth in the listing agreement and I don't think the closing is an appropriate setting to be bitching about it.