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Rainmaker
1,786,498
Kat Palmiotti
406-270-3667, kat@thehousekat.com, Broker, eXp Realty - Kalispell, MT
Helping your Montana dreams take root

A buyer can include a request for different commission amount as part of the offer/negotiation process.

Apr 14, 2017 09:17 AM
Rainmaker
867,969
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

No. The co-broke is what it is. If you want more money, get it from your client!

Apr 14, 2017 08:30 AM
Rainmaker
605,010
Eve Alexander
Buyers Broker of Florida - Orlando, FL
Exclusively Representing ONLY Orlando Home Buyers

First of all, I think that most responding, need to read the code of ethics particularly the interpertation  of  Case #16-17 Buyer conditions purchase offer in seller agreement to pay buyer agents fee.  The case was adopted as case #21-18 in 1990...and later transferred to article 16  as case #16-12 in 1994.  That is more than 20 years ago!!!!! ...and it has not changed.

Here is the correct answer in simple language...

What the buyers agent cannot do is go directly to the seller and they also cannot try to reduce the listing agents commission. They cannot change the listing agreement between the seller and listing agent JUST LIKE the listing agent cannot dictate any change in agreement between the buyer and buyers agent.

What the Buyers agent can do is:

1.  Ask the listing agent for more commission.

2.  Have the buyer include more commission or all the commission for the BA in their offer to the seller.  The buyer can ask for a new roof, closing costs, new landscape, a gift card for their kids, and commission for their buyers agent.  It is all part of negotiations like Kat Palmiotti stated.  What I find most amazing is that Kat who looks too young to be in this business for a century has the correct answer.  The rest need to get educated.

For decades, Exclusive buyers agents were offered "O" for a co-op fee so all across the USA commission was put in the offer by the buyer to the seller.  On occasion, I still do it and always do it on a FSBO offer.

Eve

PS: BTW if anyone wants additional legal documentation from NAR relating to this subject, please send me a private e-mail.

In addition, I also have documentation that it might be a violation of the code of ethics for any listing agent to try and interefere in a buyer agents request for commission.

 

Apr 14, 2017 10:29 AM
Rainmaker
4,014,748
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

If they are asking the seller directly, a call to their broker is in order. Not to mention the possibility of tortious interference of my listing contract to get his/her attention or a formal complaint to the Board!

Apr 14, 2017 08:42 AM
Rainmaker
808,497
Kasey & John Boles
Jon Gosche Real Estate, LLC - BoiseMeridianRealEstate.com - Boise, ID
Boise & Meridian, ID Ada/Canyon/Gem/Boise Counties

The co-op fee is what it is. It is not the buyer agent's place to ask for more. They may have a buyer rep agreement that states a certain amount owed to them and if the co-op fee does not cover that the buyer could owe the additional amount or they may be able to structure the offer to ask for seller concessions and paying buyer closing costs which include additional commission to the buyer agent but that is up to the buyer to request as part of the offer which obviously nets the seller less, and up to the seller if they want to agree to buyer requested concessions. The buyer agent is not a party to the listing agreement OR the purchase and sale agreement. He/she is only party to the buyer rep agreement if one exists and they have to deal with the terms of that agreement and not the others. -Kasey

Apr 14, 2017 08:38 AM
Rainmaker
4,133,040
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

I'm with Kat Palmiotti ..especially if the co-broker commission is less than standard.

Apr 14, 2017 07:03 PM
Rainmaker
1,384,363
Wayne Zuhl
Remax First Realty II - Cranford, NJ
The Last Name You'll Ever Need in Real Estate

I'm not an attorney. I would have the buyer agent communicate that a request like that could come from the buyer's attorney and be an ammendment to the contract.

Apr 14, 2017 11:40 AM
Rainmaker
5,359,338
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Exactly what Candice A. Donofrio said.  We have never encountered that.  A

Apr 14, 2017 08:46 AM
Rainmaker
6,363,029
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Tell them to include that increase in their offer if there buyer wants to have that as a condition of the sale.

Apr 14, 2017 08:30 AM
Rainmaker
1,707,297
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

An increase in price if the home will appraise.

Apr 14, 2017 08:27 AM
Ambassador
4,482,201
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

I'm with Kathleen Daniels  on this. Hopefully that request is part of the offer and not a direct request to the seller!

Apr 14, 2017 08:25 AM
Ambassador
3,000,229
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

Rarely am I speechless ... I am sitting here looking at my computer screen with my mouth slightly open ... more coffee please!

Okay ... while I cannot get into specifics about the commission ... I can say that I personally never take a listing that offers below a certain percentage. That percentage is very common in my market.  So, if the agent was asking the seller for more ... I'd say, present your clients offer with a cover letter to the seller stating your request for MORE $$$. If your clients offer is contingent upon the seller agreeing to pay more ... please state that as well.  I will present to the seller and get the sellers response back to you within 24 hours.  

Apr 14, 2017 08:09 AM
Rainmaker
3,901,197
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

Do you mean they've approached the seller directly. What a big no-no. I'd be having a "ome to Jesus" chat with that agent and depending on how egregious the situation a talk with her broker.

Apr 14, 2017 07:55 AM
Ambassador
2,544,939
Fred Griffin Tallahassee Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

   Nothing in the law prevents a licensed real estate broker from asking anyone to increase their commission or pay their fees.  If you (the selling agent or broker) have a fiduciary with the Seller, you must make your Seller aware of this request.

   See Mike & Eve Alexander's answer and sub-comments to this question for an excellent elaboration on this topic.

Apr 15, 2017 11:18 AM
Ambassador
1,616,204
Harry F. D'Elia III
RentVest - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

real estate is negotiable

Apr 15, 2017 05:28 AM
Rainmaker
3,952,391
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

Nearly everything is negotiable and anyone can ask for anything.  Getting "it" whatever "it" is depends on the situation.  As a listing agent, we represent the Seller but are not the Seller.   

Apr 15, 2017 04:01 AM
Ambassador
4,081,341
Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
The right Charlotte REALTOR!

WHAT?!  OMG, exactly what Corinne Guest, Managing Broker said!

Apr 14, 2017 10:59 PM
Ambassador
5,208,324
Bob Crane
Woodland Management Service / Woodland Real Estate, EXP - Stevens Point, WI
Forestland Experts! 715-204-9671

I saw one on fb a month ago who wrote into the offer that the seller was to provide an extra percent to the selling agent at closing.

Apr 14, 2017 10:23 PM
Rainmaker
1,176,198
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

LOL "Go study the MLS rule book!"

That ain't happening here baby...we gots rules fool.

T R A N S A C T I O N A L gets a check.

RELATIONAL builds a career. How about being referral worthy of your client and go make many commissions.

Apr 14, 2017 08:58 PM
Ambassador
3,637,985
Paul S. Henderson, REALTOR®, CRS
Fathom Realty Washington LLC - Tacoma, WA
South Puget Sound Washington Agent/Broker!

In Washington state you can do it if you have a signed buyer broker agreement. (I've never done it) 

Apr 14, 2017 08:32 PM
Rainmaker
3,985,771
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

The buyers agent should not be talking to the seller

Apr 14, 2017 08:32 PM
Rainmaker
1,835,867
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co. Notary Services, retired Realtor

I just responded to another question saying that in our MLS I have not even heard of agents cursing each other BUT this may call for a "Bite Me".

Apr 14, 2017 08:00 PM
Ambassador
3,986,518
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

I respond what the offered commission is and that is what will be paid.

Apr 14, 2017 07:24 PM
Rainmaker
5,570,625
Barbara Todaro
RE/MAX Executive Realty - Retired - Franklin, MA
Previously Affiliated with The Todaro Team

I can't share those thoughts in writing on this site....but it would be very powerful.... actually, no one would do that to one of our sellers, if they knew us!! 

Apr 14, 2017 04:22 PM
Rainmaker
526,279
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

The advertised commission has already been negotiated between the listing agent and their client.  For the buyer's agent to try to interfer with this is a violation of the code of ethics. The buyer's agent needs an education and should be referred back to their managing broker.

Apr 14, 2017 01:00 PM
Rainmaker
1,716,596
Anthony Acosta - ALLATLANTACONDOS.COM
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

I will ask the seller. 

You can always ask; you may not receive. 

Apr 14, 2017 12:04 PM
Rainmaker
1,623,672
Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West & Lend Smart Mortgage, Llc. - Carlsbad, CA
Presence, Persistence & Perseverance

I call that a violation of the agreement that listing agent has with his seller. Tell the buyers agent to jump off the next cliff and perhaps report him.

Apr 14, 2017 12:03 PM
Rainmaker
501,986
Susie Kay
Ultra Real Estate Dallas Fort Worth - Plano, TX
North Dallas Specialist

I've seen more listings offering 2 or 2.5% to buyer's agent now.  The agent will need to ask his/her buyer to make the difference if their agreement is 3%.

Apr 14, 2017 11:36 AM
Rainmaker
1,091,977
Kevin J. May
Florida Supreme Realty - Hobe Sound, FL
Serving the Treasure & Paradise Coasts of Florida

An action like that could easily exclude them from showing any of my listings for life. Need more money? Talk to your Buyer! 

Apr 14, 2017 11:35 AM
Ambassador
1,350,695
Susan Emo
Sotheby's International Realty Canada - Brokerage - Kingston, ON
Kingston and the 1000 Islands Area

When I stopped laughing I'd tell them to speak to their Buyer!

Apr 14, 2017 10:35 AM
Rainmaker
577,189
Gloria Valvasori, Accredited Senior Agent
BETTER HOMES AND GARDENS REAL ESTATE SIGNATURE SERVICE - Mississauga, ON
REAL Experience | REAL Commitment | REAL Results!

What Candice A. Donofrio said, and also what  Wayne Martin said!

Apr 14, 2017 10:02 AM
Rainmaker
868,731
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

Actually, the buyer agent should be advising the seller, IN WRITING, that the compensation being deferred to the buyer makes the house 'uncompetitive' and this buyer will find a 'conforming' listing. 

Of course if the buyer agent works for a 'blue' company, they are agressive in meeting the 'office compensation' goals and the greed associated with it.

By putting it in writing the listing agents gets to 'dance' because of their compensation strategy or can say "I told you so" if the seller is trying to save too much money or the 'go pound sand' response to the greedy.

IF both agents are a fry short of a happy meal, they will actually get into the 'Repsonse/reaction' trap.

Apr 14, 2017 09:04 AM
Rainmaker
1,525,205
Sybil Campbell
Fernandina Beach, FL
Referral Agent Amelia Island Florida

Candice A. DonofrioCorinne Guest, Managing Broker and Nina Hollander gave you some good answers.

Apr 14, 2017 09:04 AM
Rainmaker
1,444,327
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Tony and Suzanne Marriott, Associate Brokers You mean you didn't have your buyer sign a BBA so your total fee would be covered? Shame on you!

Apr 14, 2017 08:41 AM
Rainmaker
1,696,694
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg Real Estate

I'd ask the seller, explain the situation & see what they say. I'm sure that it will become more common place. Usually the seller says 'tell them to take a hike'.

Apr 14, 2017 08:19 AM
Rainmaker
4,728,153
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

We have some discount brokers, and if our clients instruct us, we can ask.   Sometimes they do increase it.

Apr 17, 2017 11:46 AM
Rainmaker
1,361,043
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

So long as the buyer pays it. 

Example: Mr./Ms./Mrs. Buyer's agent, let's agree on a price then if you want additional commission get your buyer to add it to the agreed upon price and anything over the agreed upon price is yours.  Of course, if the seller has to give any concessions, it will come out of your commission first before the price.

Apr 15, 2017 09:57 AM
Rainmaker
4,799,306
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Not appropriate.  The agent can ask his buyer for a commission.

Apr 15, 2017 05:30 AM
Rainmaker
4,433,483
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

No.

Apr 15, 2017 12:41 AM
Ambassador
4,312,167
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Tony and Suzanne Marriott, Associate Brokers - well, they cannot ask the seller - unless they are sending the offer with what they expect!

And the sellers can decide on what they want to do.

Apr 14, 2017 11:25 PM
Rainmaker
1,509,802
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

Well, anyone can try to negotiate anything. If his client on board and you do not have any better offer, why not to deliver seller his request? 

Apr 14, 2017 04:22 PM
Ambassador
3,214,328
Anna Banana Kruchten CRS, CRB, Phoenix Broker
HomeSmart Real Estate BR030809000 - Phoenix, AZ
602-380-4886

No.

Apr 14, 2017 12:54 PM
Rainmaker
906,417
Jennifer Mackay
Counts Real Estate Group, Inc. - Panama City, FL
Your Bay County Florida Realtor 850.774.6582

How does the agent even get to the seller?  We don't share that information here

Apr 14, 2017 12:36 PM
Rainmaker
2,609,744
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

We would dialog...if the basis is sound, I want to know about it

Apr 14, 2017 10:50 AM
Rainmaker
1,378,589
Raymond E. Camp
Howard Hanna Real Estate Services - Ontario, NY
Licensed Real Estate Salesperson Greater Rochester

It must be done before requesting a showing here that the buyer's agent will be asking for a larger split than what is posted in the MLS; in this area.

Once a showing has been requested it is whatever is posted.

Apr 14, 2017 09:54 AM
Rainmaker
3,296,247
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

I always let them know the fee is what it is in MLS, i also speak to my seller who can make the final decision. 

Apr 14, 2017 08:43 AM
Rainmaker
1,135,477
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

Often it is split between two agents. The sellers want to get the house sold often as little as possible.  We have seen "0, $500, or 1%" here.  Last one my buyer has to pay 5% hammering fee. 

I think the days that buyer need to pay commission for service is just at kitty corner. It has been a common practice for ages elsewhere. In a seller market that makes sense.

Apr 14, 2017 08:25 AM
Rainer
1,980
Ananthi Mathur

 

You Need a Buyer’s Agent who is experienced and Agent should be actively finding you homes, keep you informed of the process, answering all of your question.

 

Jul 06, 2018 01:37 AM
Rainmaker
3,829,973
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

What,  that is not right. 

Apr 17, 2017 05:08 PM