Todd H. wrote:
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.
Whether the realtor is entitled to a commission depends on the listing
agreement that was signed with the seller. Whether or not a
prospective buyer signed a disclosure document that indicates the buyer
understands the agent is working for the seller, doesn't change that
fact. You are saying that signing the disclosure somehow changes
whether or not a commission is owed. That is not true. If the house
was sold to a buyer produced by the agent as specified in the listing
agreement, then the commission is owed, period.
Now the disclosure document could be one more piece of evidence to
prove that the agent was involved with the buyer and when if it came
into dispute. But that could also be established with witnesses,
phone records, a sign in sheet from an open house, etc.
Best Regards,
--
Todd H.
http://www.toddh.net/