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[email protected] trader4@optonline.net is offline
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Default Consumer Notice ?


Todd H. wrote:
Does signing this mean , I cannot make a direct deal with the owner now?
(minus the agent)


You couldn't make a direct deal with the owner anyway. When a
property is listed for sale by a realtor, the owner and realtor are
under a listing contract. If the house sells, it sells via the agent,
and they get a commission regardless of how you ended up finding this
house.

The only way around that would be to wait until the listing period
expired, and whatever grace period afterwards and if the property
weren't listed and was then FSBO, then maybe you could deal direct
with the owner. Hoewver, by signing this agreement, the realtor if
they found out you ultimatley bought the place, could come back to the
owner and demand commission because the place ultimately sold to
someone who originally came in under their listing agreement.

Or some crap like that.



What evidence is there that this simple disclosure document obligates
the buyer to pay any commission beyond what is specified in the listing
contract between the seller and the agent? This disclosure document
just puts the buyer on notice that the agent is representing the
seller. It would be extremely unusual and unethical for this to bind a
prospective buyer to paying a commission beyond the listing contract.
The listing contract governs the commission, period after which
homeowner is free to sell it without commission, etc. and it is the
seller who pays.


I get a headache trying to understand all this small print
stuff... Its almost like its specially coded so that only agents and
lawyers can understand it. Ridiculous...our stupid laws.


They're there because there are also ignorant consumers who can assume
that a realtor they meet this way represents them, end up getting
screwed on the deal, and then in a sour grapes fashion come back and
sue later. These notices are designed to make it crystal clear who
the agent is truly beholden to (the seller) represents and who they do
not (random buyer).

The particulars vary by state and contract, but in general, this is
the scene.

My advice: talk to your network of friend i the area nad find a
realtor familiar with the area willing to work with you as a buyers
agent. If you are looking at FSBO properties, try to strike an
agreement with the buyer's agent that specifically excludes FSBO
properties from your buyers agency agreement. Don't expect all of
them to be hungry enough to accept that though.

--
Todd H.
http://www.toddh.net/