On May 3, 8:48 pm, (Doug Miller) wrote:
In article .com, Dycha wrote:

"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 ?

Are you really so dense that you do not realize that the listing contract is
between the seller and the realtor, and the buyer is not a party to it?

What the OP wants to do is try to RE-negotiate that contract.

And HE CAN'T DO THAT. He's not a party to it.

--
Regards,
Doug Miller (alphageek at milmac dot com)


I think what Dycha is suggesting is that there is the possibility that
the existing contract allows the seller to sell the house to someone
without the real estate agent receiving a commission:

"If the customer from the street wants to but it ..is an agent still
entitled to the fee ? craft the contract accordingly so that it gives
you enough room for flexibility... "

And that brings us back to your previous comment questioning what real
world experience Dycha has. It would be almost unheard of to have a
listing agreement that says the real estate agent isn't entitled to a
commission if the customer is from the street. If that were allowed,
they would lose commissions right and left. For example, suppose the
real estate agent runs a nice picture ad in the local paper, that they
pay for. Someone sees it, drives over to the house, and says "Hi, I
just walked in from the street....." So, now the agent gets no
commission? There are dozens of scenarios like this where the agent
gets screwed, which is why to even suggest this kind of thing might be
found in the real world shows a total lack of practical experience.

Sure, there is some chance that a listing contract allows exclusion of
a "customer from the street", because the seller negotiated that into
the contract. It's about the same probability that I can walk up to
the Avis counter at the airport and negotiate a rental contract,
without paying for insurance, where if the car gets wrecked I'm not
responsible for it.

And as seller, if a buyer came at me out of the box trying to figure
out if they can buy it by cutting out the real estate agent, it would
be one strike against them. I'd be thinking, they're trying to do
anything to save $$, today they want to cut out the real estate
agent. Two weeks from now, after I've ****ed off the agent, they'll
be screwing me, like after inspection demanding I fix $20K worth of
stuff that really ain;t broken.