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Rainmaker
784,786
The Woodland Team of Texas
The Woodland Companies - Austin, TX
Land Specialists

Sounds like one for the broker to sort out.

Nov 02, 2018 08:23 PM
Ambassador
6,393,609
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Sounds like your broker will have to referee this one since both agreements are with the broker, not the agents.

Mar 14, 2018 08:58 PM
Rainmaker
613,494
Eve Alexander
Buyers Broker of Florida - Tampa, FL
Exclusively Representing ONLY Tampa Home Buyers

The buyer rep agreement belongs to the Broker of the office, not either agent...no differently than any "listing" agreement.

Either the buyer did not truly understand what they were signing or maybe they were not happy with the results and decided to try someone else.

Either way...it is unrealistic to think that you and the other agent can work as a "team"...that would be a nightmare.

I would let the other agent have the buyer and take a referral fee, for giving up the buyer.

Eve

Aug 12, 2015 12:52 AM
Rainmaker
212,755
Stefan Winter
Real Estate in IL & NV | Owner of Real Estate Web Tech | Daily Vlogger - Las Vegas, NV
Owner - Winter Group & Real Estate Web Tech

In my state if your client buys a home you have showed him before the new agreement was signed, you have a right to that commission since your buyer agreement predates the other one. If he buys a home you have not already shown him before the new agreement you are not owned a commission. This is assuming of course it is the buyers rep agreement and not the exclusive buyers rep agreement. 

Id talk to your broker and the other person about it.

Aug 12, 2015 12:25 AM
Rainmaker
5,772,575
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Yikes, this has not happened to us. I agree with John McCormack .  Clearly the buyer did not understand what they were signing.  And I like Susan Emo's answer.  

If I was in the situation, I would go on, and let the other agent have this person.  For me, I would rather go on and work with someone else, I smell major trouble.  A

Aug 12, 2015 12:16 AM
Rainmaker
1,661,936
John McCormack, CRS
Albuquerque Homes Realty - Albuquerque, NM
Honesty, Integrity, Results, Experienced. HIRE Me!

Yikes!  I've never had this happen.  I'd like to hear the outcome.  

There's a blog in this you know.

Aug 12, 2015 12:06 AM
Ambassador
1,452,819
Susan Emo
Sotheby's International Realty Canada - Brokerage - Kingston, ON
Kingston and the 1000 Islands Area

This happened to me once and my former broker split the commission between us.

Aug 11, 2015 11:57 PM
Rainmaker
699,277
Chris and Dick Dovorany
Homes for Sale in Naples, Bonita Springs and Estero, Florida - Naples, FL
Broker/Associate at Premiere Plus Realty

I'm not an attorney but i do believe the one with the earliest date, wins.  Don't you have a broker?

Aug 12, 2015 08:21 AM
Rainmaker
1,466,207
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Daniel Hayes All agreements are made with the client and broker, and not with the agent. You need to speak with your broker to sort it out.

Aug 12, 2015 02:22 AM
Rainmaker
4,882,355
Richard Weeks
Dallas, TX
REALTOR®, Broker

I think you should talk to your broker.

Aug 12, 2015 02:09 AM
Rainer
26,764
Beatrice Briseno
RE/MAX Unlimited - San Antonio, TX
Beatrice M. Briseno, GRI, CDPE, San Antonio, TX

I would say the buyer did not understand the agreement. I would have the broker intervene and find a solution for the two agents

Aug 12, 2015 01:48 AM
Rainmaker
474,492
Bill Dandridge
MKB, Realtors - Roanoke, VA
GREEN, ABR, GRI, EcoBroker

I do not really give these agreements much weight, and only ask my clients to sign one as we are writing an offer for a property.

The person who signs that "Exclusive Representation Agreement," can always claim the the agent did not meet their obligations, and vitiate it anyway.

That is my sense anyway, much to the chagrin of our broker in charge.

Aug 12, 2015 01:38 AM
Rainmaker
1,153,794
Kevin J. May
Florida Supreme Realty - Hobe Sound, FL
Serving the Treasure & Paradise Coasts of Florida

You should arrange a meeting between the "other" agent, you and your broker to iron this out. One, two or all of you will get an education from this. 

Aug 12, 2015 01:35 AM
Rainmaker
443,220
Cindy Davis
SD Home Source Realty - San Diego, CA

My thoughts are to disccuss this with your broker. Perhaps the broker can arange something....

Aug 12, 2015 01:11 AM
Rainmaker
292,685
Jack Lewitz
Exit Strategy Realty - Evanston, IL

I think the buyer needs to choose which agent they want to work with or have both agents work as a team and split the commission

Aug 12, 2015 12:31 AM
Rainer
231,224
Mike Rock
Complete Design - Granite Bay, CA
Granite Bay Luxury New Construction...For Less

i am not sure the legal ramifications, depeneds on the wording, i suspect they werent aware, but....i would find another fish to fry

Aug 12, 2015 12:31 AM