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  1. #31
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    Feb 2020
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    Default Re: Firing Realtor While Under Contract

    Quote Quoting BMUJS
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    However, the law recognizes that, unless the agreement specifies otherwise, the commission is earned at the time the buyer enters into the purchase and sale agreement (or in some cases sooner when a willing and able buyer is presented) and thus, must be paid regardless of whether escrow closes.
    This is the craziest thread ever. Are you saying you are a real estate agent, that you spent a lot of time and money on the sale of a house, that house did not sell and now you want to be paid for your time and money spent? If so, have you ever seen that happen before?

  2. #32
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    Default Re: Firing Realtor While Under Contract

    Quote Quoting Harold99
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    This is the craziest thread ever. Are you saying you are a real estate agent, that you spent a lot of time and money on the sale of a house, that house did not sell and now you want to be paid for your time and money spent? If so, have you ever seen that happen before?
    Clearly you didn't read the OP or any of rest of the thread. The OP is the buyer and wants to stiff the his agent.

    The agent has earned the commission by finding the house, doing the legwork, and countless things that happen below the radar of their client, including the the agent's time. Also, that commission goes to the BROKER, not directly to the agent (generally) and the agent gets a cut. A seller's agent does the same. That's when and why the commission is earned. In the event of the contract falling through then perhaps THAT commission falls into unearned territory and now they have to earn a NEW commission by getting you into a new deal.
    "Where do those stairs go?"
    "They go up!"

  3. #33

    Default Re: Firing Realtor While Under Contract

    Yes, I can understand the confusion. This thread has taken multiple different turns down a few rabbit holes.
    Here’s where we are now:
    I am the buyer who has entered into a contract on a home and is asking if I still owe a commission if the deal falls through.
    Do a Google search for “commission earned if deal falls through”. I am getting conflicting opinions on this and I don’t think I’m that unreasonable about being confused with the different answers.
    I also am concerned about what happens when I continue the buying and selling process with a new broker. Hence the follow up questions about procuring cause.

  4. #34
    Join Date
    Oct 2016
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    4,289

    Default Re: Firing Realtor While Under Contract

    Quote Quoting BMUJS
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    I also am concerned about what happens when I continue the buying and selling process with a new broker. Hence the follow up questions about procuring cause.
    You shouldn't be confused. If you do something to screw up this deal and then go to another broker to do the same deal you will likely be paying the commission twice.

  5. #35

    Default Re: Firing Realtor While Under Contract

    Totally on the same page. If I do something to screw up the deal, I’m in trouble. Not going to do that.
    But what if the deal Falls through because it’s a contingent contract and we can’t get a high enough offer to sell our home. Can we get a new broker and do the same deal after our representation contracts on the buy and sell side expire. That’s the last question, to which adjusterjack said that YES, I could do that. But I read about procuring cause and it seems to me that no matter what, the first agent could claim they were the procuring cause and still claim to be owed the commission.

  6. #36
    Join Date
    Feb 2020
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    687

    Default Re: Firing Realtor While Under Contract

    Quote Quoting Mark47n
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    Clearly you didn't read the OP or any of rest of the thread. The OP is the buyer and wants to stiff the his agent.

    The agent has earned the commission by finding the house, doing the legwork, and countless things that happen below the radar of their client, including the the agent's time. Also, that commission goes to the BROKER, not directly to the agent (generally) and the agent gets a cut. A seller's agent does the same. That's when and why the commission is earned. In the event of the contract falling through then perhaps THAT commission falls into unearned territory and now they have to earn a NEW commission by getting you into a new deal.
    I did read the thread and with up to six parties involved in a transaction I couldn't figure out which of those six the OP was.

    In my experience when a house is listed the terms of the commission rate is already established in the listing contract. The escrow company cannot deviate from that rate. If the OP thinks he can save money, stiff his realtor, or be paid the buying broker's commission he has another thing coming. The escrow company can typically only pay brokers that commision. Then brokers will pay their realtors. Any deviation from that would likely require authorization from all five of the other parties.

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