On May 3, 10:22 am, (Doug Miller) wrote:
In article . com, Dycha wrote:
On May 2, 2:50 pm, (Doug Miller) wrote:
In article om, Dycha
wrote:
On May 1, 12:56 pm, (Doug Miller) wrote:
In article , "john"
What do you hope to accomplish?
eee ???? save some money cutting out the middleman ? make sure u do
your homework first and then act ...
How's that going to save any money? The realtor's contract is with the
seller,
not with the buyer.
Listing contract includes among other things : "A beginning date and a
termination date"
Wait until termination date sell/buy directly and save whatever %
agent charges
Maybe ... IF the house doesn't sell in the meantime. IF the seller doesn't
immediately re-list with the same (or another) realtor. IF ... IF ... IF ...
"The terms and conditions under which the brokerage fee shall be paid
by the seller."
If the customer from the street wants to but it ..is an agent still
entitled to the fee ?
Most listing contracts do specify that, yes.
Most does not mean all .. and it does not mean that you cannot include
that provision in the agreement to have an option to sell to
anybody....halllooooo ?
craft the contract accordingly so that it gives
you enough room for flexibility...
The seller is of course free to structure the contract any way that pleases
him. And the listing realtor is equally free to decline to sign it.
get another listing agent. In free economy agent cannot have exclusive
right to commission even if the house was bough by somebody whom he
never met/advised/showed the house to etc ...and agents do understand
that
The contract the seller has with the realtor
almost certainly specifies that the realtor's commission is due when the
house
sells -- without regard to whether the realtor originated the sale or not.
Crap ..there are many ways of signing contract with realtor
http://www.realestateabc.com/homesel...stingtypes.htm
Again -- the seller has already listed the house with the realtor. Whatever
the terms of the listing contract may be, the buyer cannot alter them.
Read above ..it is so simple ...
Indeed, it is very simple: the listing agent has no obligation to sign a
contract that he thinks is insufficiently favorable to his interests.
so screw him ..find another one who will do the same job..
Furthermore, you can't "bypass the realtor" anyway without the seller's
consent:
That's why he wants to contact him to obtain that consent
Perhaps -- but that's not what he said.
That's exactly what he wants...it is easy to say "CAN'T" to little
people hoping they will follow the 'rulez'.. aint it ?
It *is* a fact that the buyer *can't* alter the terms of the listing contract,
because that contract is between the seller and the realtor, and the buyer is
not a party to it.
You think otherwise? You're of course free to try that. Let us know how it
works out.
I am done explaining that you should be wise ahead of time and include
your own provisions in the contract. The Op wanted to call the seller
and ask : does your contract is exclusive or not .. if not then we
might do some business here ... " extremely simple for me ..
the realtor's contractual relationship is with the *seller*, not with
the buyer, and there is *nothing* you can do to alter that.
Yeah rite ...
Specifics listed above. Listing contract is not a word .. it is a
piece of legal agreement that specifies rights and duties of both
parties. If somebody is dumb enough to craft it so that agent is
entitled to a fee regardeless of circumstances .. then well ..get a
GED..
It doesn't appear that you have much experience with real estate listing
contracts, or indeed with contracts of any sort.
Put whatever provisions you please in any contract you're trying to negotiate.
But don't delude yourself that the other party is obligated to cooperate in
your fantasies.
so you are saying that whatever contract listing agent has ...seller HAS
TO sign it ... no questions asked .. did you take your pills today ?
Please explain how the buyer can alter the contract between the seller and
the
seller's realtor. Be specific. Give details.
The seller is under no obligation to talk to you.
Of course not but it is worth trying, if you are a serious educated
customer
One wonders how many homes you've bought or sold...
It does not matter ..
It matters very much. You're clearly an armchair theorist who hasn't ever
negotiated a real estate listing contract in the real world -- probably live
in an apartment, or in Mom and Dad's basement.
Occasionally I live with your mom in your basement ;-)
I just pointed out holes in your reasoning. The
OP thought outside the box ..and does not want to follow "commonly
accepted" rules, hoping to save some $$$ ...
No "holes" in my reasoning at all -- the house the OP is looking at already is
listed with a realtor. Ergo, a listing contract between the seller and the
realtor already exists.
Do you know the type of contract, specifics ? No! so how come you can
infer about the rights of seller if you know shaaait about
provisions??
Such contracts typically state that the realtor's
commission is due when the house sells, without regard to *how* the sale was
accomplished.
People typically overpay for many services because they are too dumb
or lazy to think beforehand
The buyer is not a party to that contract, and has no power to
alter the commission structure, or any other provision of the contract.
WTF ? DID I say that buyer wants to change something in the
contract??? he wants to check with the seller what type of contract
seller signed - hence the initial question about contact.....is it so
hard to grasp ?
Mo the *seller* has no power to unilaterally alter the provisions of that
contract, either. A contract is a contract, and cannot be altered unless both
parties agree to the alteration.
"A contract is a contract"....typical approach of newly minted GED ... a
contract is an agreement which you have a right to negotiate ..it is a
legally binding document .. you are not opening an account at Chase
and negotiate your checking account agreement .. good luck on that ..
you are selling your home and there are many listing agents ..do you
feel the difference ?
And right there is where theory has an abrupt collision with the real world:
the realtor isn't terribly likely to agree to alter the contract in such a way
as to reduce his own compensation.
Idea is simple: if you bring me the customer I pay .. If I bring the
customer ..no money for you as simple as that...why would I pay somebody
for my effort ?
You seem to think that the buyer can manage to bring that about somehow. Why
don't you try it some time, and get back to us on how it works?
--
It works perfectly in a few states I manage my real estates and is a
common practice in Europe, which you probably think is another state
southeast from Indiana ?
EOM on that !
Regards,
Doug Miller (alphageek at milmac dot com)
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