Cyclones Posted August 17, 2007 Share Posted August 17, 2007 Okay, so anywhoo, we had our house for sale without using a realtor. A couple comes by with a realtor one day to look at it. A few days later, they call us and want another look. They come over without the realtor, look for a couple of hours, and decide they want to make an offer, so they ask us if we have any room. We tell them that we'll take xxx assuming we don't have to pay any realty fees, but if we do, we'll take xxx. They say, "we don't have any sort of contract with the realtor that brought us over here, and all he did was drive us over here, we don't feel like we should give hm 3%." We say fine, and we sign a contract on the house at xxx. We're scheduled to close on Tuesday and today we got a letter from an attorney representing the realtor, who tells us that we owe him 3%. What are our options here? Can he make us pay? If so, are we obligated to sell the house? Can we wait x number of days/months and sell it? Is the buyer responsible for the commission? Real Estate experts please chime in. Quote Link to comment Share on other sites More sharing options...
polksalet Posted August 17, 2007 Share Posted August 17, 2007 no, you owe the house pusher nuthin Quote Link to comment Share on other sites More sharing options...
whomper Posted August 17, 2007 Share Posted August 17, 2007 Okay, so anywhoo, we had our house for sale without using a realtor. A couple comes by with a realtor one day to look at it. A few days later, they call us and want another look. They come over without the realtor, look for a couple of hours, and decide they want to make an offer, so they ask us if we have any room. We tell them that we'll take xxx assuming we don't have to pay any realty fees, but if we do, we'll take xxx. They say, "we don't have any sort of contract with the realtor that brought us over here, and all he did was drive us over here, we don't feel like we should give hm 3%." We say fine, and we sign a contract on the house at xxx. We're scheduled to close on Tuesday and today we got a letter from an attorney representing the realtor, who tells us that we owe him 3%. What are our options here? Can he make us pay? If so, are we obligated to sell the house? Can we wait x number of days/months and sell it? Is the buyer responsible for the commission? Real Estate experts please chime in. You have absolutely zero liability to pay the buyers agent..Its a slam dunk that you wont have to pay a penny..As the seller you set the commision.In your case you were not using an agent so there was no comission to debate..If he asked you to sign a one day contract and you did then he has a leg to stand on but if you didnt sign anything like that you can laugh at that letter..Im a liscensed agent. I just wish you never even said assuming you have to pay any realtor fees your price would be X but you still arent legally liable. If they want to pay their realtor then thats fine but dont let them take a penny off of your price to pay the realtor..You make sure you give them a price you would be comfortable with without any consideration for this realtor who has no legal claim to a dime from you because he had no contract with you and you were selling your house without a realtor and offered no comission to anyone Quote Link to comment Share on other sites More sharing options...
KICK A$$ BLASTER Posted August 17, 2007 Share Posted August 17, 2007 Whomper is on to something here...You don't owe the realtor anything. Even if the buyers signed an agreement with the guy who drove them around, your deal was not negotiate by the agent, but by the buyers.... Both my sister and MIL are agents and both have had issues with "Just Showing Property" to a potential client. It pisses them off but there isn't anything the agent can really do... If they do sue, the agent is going to have to pay their own legal fee's which will eat at their potential commision... Quote Link to comment Share on other sites More sharing options...
whomper Posted August 17, 2007 Share Posted August 17, 2007 Whomper is on to something here...You don't owe the realtor anything. Even if the buyers signed an agreement with the guy who drove them around, your deal was not negotiate by the agent, but by the buyers.... Both my sister and MIL are agents and both have had issues with "Just Showing Property" to a potential client. It pisses them off but there isn't anything the agent can really do... If they do sue, the agent is going to have to pay their own legal fee's which will eat at their potential commision... When I work with a person and they want to see a for sale by owner I will contact the owner and ask them if they would be interested in a 1 day contract for a small percentage ..If they say no then I tell my client to go look but I dont go with them. I am legally bound to anything I do in a real estate transaction. I will not put my office or myself in any jepoardy for nothing. A buyers agent may ask a buyer to sign a buyer agency agreement but all that really says is that if that agent shows you a particular property they are eligable for a commision if you buy it..I think Cyclones is completly in the clear here..If the buyer wants to pay their agent then thats their choice but he (cyclones)should not contribute a penny. Im actually surprised a lawyer even sent that letter when there is no contract with you at all..Dont spend another minute worrying about this..Its a joke Quote Link to comment Share on other sites More sharing options...
Cyclones Posted August 17, 2007 Author Share Posted August 17, 2007 When I work with a person and they want to see a for sale by owner I will contact the owner and ask them if they would be interested in a 1 day contract for a small percentage ..If they say no then I tell my client to go look but I dont go with them. I am legally bound to anything I do in a real estate transaction. I will not put my office or myself in any jepoardy for nothing. A buyers agent may ask a buyer to sign a buyer agency agreement but all that really says is that if that agent shows you a particular property they are eligable for a commision if you buy it..I think Cyclones is completly in the clear here..If the buyer wants to pay their agent then thats their choice but he (cyclones)should not contribute a penny. Im actually surprised a lawyer even sent that letter when there is no contract with you at all..Dont spend another minute worrying about this..Its a joke Richmond KY is a pretty small town, and we've asked around and it seems that the agent and lawyer are childhood friends who are still very tight. My guess is that the lawyer friend told him that he legally couldnt get any $$, but maybe if I send a letter we can scare them into coughing some up. We'll see what shakes out. Quote Link to comment Share on other sites More sharing options...
whomper Posted August 17, 2007 Share Posted August 17, 2007 Richmond KY is a pretty small town, and we've asked around and it seems that the agent and lawyer are childhood friends who are still very tight. My guess is that the lawyer friend told him that he legally couldnt get any $$, but maybe if I send a letter we can scare them into coughing some up. We'll see what shakes out. Thats very possible..That letter isnt worth the paper its written on.. Quote Link to comment Share on other sites More sharing options...
polksalet Posted August 17, 2007 Share Posted August 17, 2007 If you want to have some fun, tell the realtor your friend is a surveyor. My friends do this sometimes. Nothing can fry a lawyer, realtor, judge's brain faster than roman common law. Quote Link to comment Share on other sites More sharing options...
Hat Trick Posted August 17, 2007 Share Posted August 17, 2007 A buyers agent may ask a buyer to sign a buyer agency agreement but all that really says is that if that agent shows you a particular property they are eligable for a commision if you buy it..I think Cyclones is completly in the clear here..If the buyer wants to pay their agent then thats their choice but he (cyclones)should not contribute a penny. Im actually surprised a lawyer even sent that letter when there is no contract with you at all..Dont spend another minute worrying about this..Its a joke Yup, this is it in a nutshell. We asked our last agent (friend) if we could try and do the deal without agents involved and this is protocol. Quote Link to comment Share on other sites More sharing options...
yo mama Posted August 17, 2007 Share Posted August 17, 2007 I wouldn't sweat it. If the attorney bothers you again, tell him you'll report him to the state bar association ethic's committee if he continues to assert a claim he knows to be frivolous. Quote Link to comment Share on other sites More sharing options...
Dragon Posted August 17, 2007 Share Posted August 17, 2007 I wouldn't sweat it. If the attorney bothers you again, tell him you'll report him to the state bar association ethic's committee if he continues to assert a claim he knows to be frivolous. To be honest - I'd report the lawyer to the state bar, and the real estate agent to the respective authorities as well. If the scumbags are willing to try that ploy on you, then I'm sure they're willing to try and rip off others in different ways. It's kinda like if you see a crime, you're morally obligated to report it to help prevent the offenders from harming others in the future. Just my thoughts. Quote Link to comment Share on other sites More sharing options...
Loansharks414 Posted August 17, 2007 Share Posted August 17, 2007 No buyer agency agreement with the agent that showed the house then you owe them nothing and toss the letter. Quote Link to comment Share on other sites More sharing options...
Hat Trick Posted August 17, 2007 Share Posted August 17, 2007 To be honest - I'd report the lawyer to the state bar, and the real estate agent to the respective authorities as well. If the scumbags are willing to try that ploy on you, then I'm sure they're willing to try and rip off others in different ways. It's kinda like if you see a crime, you're morally obligated to report it to help prevent the offenders from harming others in the future. Just my thoughts. Yup, they got nothing on us huddlers, screw them. Quote Link to comment Share on other sites More sharing options...
proninja Posted August 18, 2007 Share Posted August 18, 2007 I'll just echo what has already been said. The realtor was stupid for not checking to see if you were offering a SOC (selling office comission.) The fact that they had an attorney send you a letter would have me up in arms. It's a small town, you say? That realtor is being very short sighted. All you'd have to do is write a letter to the editor of your local paper and their career would be toast. Very, very, very stupid. Quote Link to comment Share on other sites More sharing options...
Puddy Posted August 18, 2007 Share Posted August 18, 2007 Look at Whomper droppin' the legal knowledge. Article 3 has been very good to you. Quote Link to comment Share on other sites More sharing options...
Chavez Posted August 18, 2007 Share Posted August 18, 2007 It's a small town, you say? That realtor is being very short sighted. All you'd have to do is write a letter to the editor of your local paper and their career would be toast. .......probably not the worst idea ever. Quote Link to comment Share on other sites More sharing options...
Puddy Posted August 18, 2007 Share Posted August 18, 2007 I've spent a decent amount of time in Richmond, KY. I like the town. Th main drag butts up to Eastern Kentucky University. Cyclone, are you familiar with the much smaller town of Irvine? Quote Link to comment Share on other sites More sharing options...
Yukon Cornelius Posted August 18, 2007 Share Posted August 18, 2007 no, you owe the house pusher nuthin correct Quote Link to comment Share on other sites More sharing options...
Cyclones Posted August 19, 2007 Author Share Posted August 19, 2007 I've spent a decent amount of time in Richmond, KY. I like the town. Th main drag butts up to Eastern Kentucky University. Cyclone, are you familiar with the much smaller town of Irvine? Oh yeah. There are tons of small towns around Richmond (Irvine, Berea, Ford, etc.) The house I just sold is actually in the northern part of the county near the Clays Ferry bridge toward Lexington. Quote Link to comment Share on other sites More sharing options...
proninja Posted August 19, 2007 Share Posted August 19, 2007 .......probably not the worst idea ever. I'm not much for trashing people, I figure live and let live, but if you're sending lawyers after me, the gloves come off Quote Link to comment Share on other sites More sharing options...
Cyclones Posted August 19, 2007 Author Share Posted August 19, 2007 (edited) Well, a call from a lawyer friend of mine got Mr. scumbag realtor off of our backs, but he's filed against the buyers now, including asking that 4% of the funds at closing be held in escrow pending outcome of the suit. Can they do that? I don't want 12 grand of my money sitting in escrow while I am in the Philippines and the realtor and buyer duke this out. Buyers have a lawyer also and he is pissed, says the guy has no leg to stand on. Can they tie up my moolah? Edit to add: Buyer's lawyer says that the only way scumbag could possibly be entitled to commission would be if he could prove that the buyers wanted the house the day they came over with him, but my wife says on the first visit, only the buyers' wife came with the realtor (I was at work and didn't know) and she came back sans realtor and with her hubby and parents three days later. Edited August 19, 2007 by Cyclones Quote Link to comment Share on other sites More sharing options...
whomper Posted August 19, 2007 Share Posted August 19, 2007 Well, a call from a lawyer friend of mine got Mr. scumbag realtor off of our backs, but he's filed against the buyers now, including asking that 4% of the funds at closing be held in escrow pending outcome of the suit. Can they do that? I don't want 12 grand of my money sitting in escrow while I am in the Philippines and the realtor and buyer duke this out. Buyers have a lawyer also and he is pissed, says the guy has no leg to stand on. Can they tie up my moolah? Edit to add: Buyer's lawyer says that the only way scumbag could possibly be entitled to commission would be if he could prove that the buyers wanted the house the day they came over with him, but my wife says on the first visit, only the buyers' wife came with the realtor (I was at work and didn't know) and she came back sans realtor and with her hubby and parents three days later. Its baffling to me how your money could be tied in escrow when there was never a comission offered by you the seller..Im curious to hear your lawyers take. Unless the laws are different in your state from mine (nj) . What does your Lawyer that is handling this transaction for you have to say ? Your lawyer should not allow any hold ups over a nonsense arraingement that you have nothing to do with legally Quote Link to comment Share on other sites More sharing options...
proninja Posted August 20, 2007 Share Posted August 20, 2007 Well, a call from a lawyer friend of mine got Mr. scumbag realtor off of our backs, but he's filed against the buyers now, including asking that 4% of the funds at closing be held in escrow pending outcome of the suit. Can they do that? I don't want 12 grand of my money sitting in escrow while I am in the Philippines and the realtor and buyer duke this out. Buyers have a lawyer also and he is pissed, says the guy has no leg to stand on. Can they tie up my moolah? Edit to add: Buyer's lawyer says that the only way scumbag could possibly be entitled to commission would be if he could prove that the buyers wanted the house the day they came over with him, but my wife says on the first visit, only the buyers' wife came with the realtor (I was at work and didn't know) and she came back sans realtor and with her hubby and parents three days later. Wow. That's one desperate, disgusting realtor. Quote Link to comment Share on other sites More sharing options...
Chavez Posted August 20, 2007 Share Posted August 20, 2007 It's a lean market these days - desperate times call for desperate measures. Quote Link to comment Share on other sites More sharing options...
whomper Posted August 20, 2007 Share Posted August 20, 2007 It's a lean market these days - desperate times call for desperate measures. I wouldnt stoop to this guys level but its tough moving houses these days for sure.. Quote Link to comment Share on other sites More sharing options...
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