Todd H. wrote:
writes:
Todd H. wrote:
Ding ding ding ding! Thank you for catching up with the discussion.
Yes, this is my point.
Catch up? Excuse me? Again, this is exactly what you posted:
"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. "
If the realtor is entitled to a commission, the realtor can demand
commission with or without the buyer signing a disclosure document.
Yes. BUT, only if the realtor figures out someone bought the place
that came in under the original listing agreement. Remember, we're
talking about a scenario when a house goes FSBO and is bought after
the original listing expired.
So, you're really saying it's OK for the seller and/or buyer to screw
the agent out of a commission that is rightfully owed per the listing
agreement, as long as they don't get caught.
The owing of the commission or the right of the realtor to collect it
is not changed by the disclosure document.
I'm not now disputing nor ever have disputed this.
But the above is worded to say that the right of the agent to
commission does depend on the disclosure document.
Okay, going back and rereading something I typed inside of 10 seconds,
I can see someone of your incredibly tiresome desire to find things
wrong drawing that conclusion despite me saying 3 times now that I'm
not trying to say the disclosure changes the listing agreement.
The intent here was simply that signing anything during a showing is a
paper trail that the buyer was there while the property was listed.
Yes, not leaving any evidence that you were there and brought there by
the efforts of the real estate agent is of importance to anyone
dishonest that is trying to screw the agent out of a commission.
But that could also be established with witnesses, phone records, a
sign in sheet from an open house, etc.
Not nearly as well as a signed disclosure document as something
compelling to an arbitrator or civil jury than a signed document
should the Realtor go after the seller claiming a commission is due.
According to you. But in reality, a sign in sheet at an open house
where the seller signed their name and phone number would work just
fine to establish that the seller was brought there by the efforts of
the agent. In fact, a sign in sheet may even be better.
Dunno about you, but a non-legally binding open house sign in sheet
(which I've never seen ask for a signature).... I have not once
written down my real name and phone number on one of those "yes I want
the agent calling me and pestering me" sheets.
Tells us a lot about how you operate. I've always given my real name.
You must just be a Lookie Lou, who wastes realtors time at open
houses with no intention of ever buying. Otherwise, you'd look pretty
stupid when you come back again with a different name to make an offer.
Folks tend to be less hesitant to doing that on anything (such as a
disclosure) that requires a signature because technically to do that
could be construed as forgery. And since the original poster here was
concerned enough to be asking about it, I'll go out on a limb and say
that they signed their actual name ot the disclosure document. And
finally, it's really hard to deny a signature wasn't made by you.
You'll forgive me if I quit being active in this thread.
Yes, I can see why. BTW, have you figured out how bond prices and
yield work yet?
--
Todd H.
http://www.toddh.net/