DIYbanter - View Single Post

Todd H.

writes:

Well, you're right, you didn't say the buyer may have to pay the
commission because of signing a disclosure document, that's there to
inform him that the agent works for the seller.

Here's what you did say:

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.

Which means what you did say makes even less sense, because now you're
asserting that because a prospective buyer signed a simple disclosure
document, it's now going to change the contract the agent has with the
seller to pay a commission. Whether the seller owes a commission, for
how long he's bound, exclusions, etc are covered by the contract
between the seller and the agent and aren't gonna be ammended by a
buyer signing a disclosure.

Wrap you mind around this scenario:

Prospective buyer Joe walks in open house held by agent

Prospective buyer Joe fills out disclosure signs. realtor now
has name and a paper trail.

Listing expires, house doesn't sell

Seller decides to try fsbo

Prospective buyer Joe looking for a deal, strikes deal with
seller as FSBO.

Months later, Realtor sees property transfer record from buyer
to Joe. Matches Joe's name to the disclosure Joe signed on
that listing.

Realtor, depending on details of the original listing
agreement, goes after Seller for commission.

Best Regards,
--
Todd H.
http://www.toddh.net/