Do I Have To Pay The Buyer's Realtor? | REALTOR.com? Blogs

Q: I am selling a home in California. We are due to close tomorrow and the buyer?s realtor is a nightmare. My agent is ready to kill her ? we have not one properly signed and dated piece of paper in the contract file. Even her own AVID is unsigned and undated. We have served our third Notice To Perform, which is the only way to get her to meet deadlines (all contingency releases were weeks late). We have stopped escrow and will cancel it if we cannot get a complete file. She has a different excuse every time ? last night she said, ?Escrows are always like this!?. This is my fifth ? and NO THEY ARE NOT. Her buyers are first timers and do what she says , when she finally says it.

If this sale goes through, do I have to pay her commission? She doesn?t deserve anything but a lawsuit.

Thanks.
?Linda, Los Angeles, CA

A: Hi Linda. I am sorry that some agents just don?t understand how important the contracts and associated forms are. And because it is SO EASY to get a license in CA many people that are not so ethical can easily get in the business. Did you know that the person who does your hair has to have 1600 hours of training; a new agent can get their license in two weekends. That is a real shame.

Your contract is with your agent and that includes paying a full commission. The buyer?s agent will receive her commission from escrow; usually 1/2 half of the total.

Call the buyer?s broker and explain how unsatisfied you are with the transaction and her performance. Also send a complaint to the local Association of Realtors and to the California Department of Real Estate.

See an Attorney before it closes and see if there is any legal recourse for you. The problem is you don?t have a commission contract with the buyer?s agent.

Good luck!!
Jim Guido is a Realtor? with California Real Estate Internet Group in San Clemente. CA.

A: Your agreement to pay a commission is with the Realtor who listed your home. You must pay your Realtor the agreed upon commission. Your Realtor, in turn, has an agreement to pay a fee to the broker working with the buyer. The bottom line is that it is not your decision as to whether the buyer?s broker should be paid, or how much. That decision will be controlled by the agreement between brokers. Your Realtor should be speaking with his/her managing broker and they should be addressing the problems with the buyer?s broker and her managing broker. All of the brokers working together should at least be able to get the closing properly completed, even if not in the most efficient manner.
Phil Lunnon is a Realtor? with Lunnon Realty in Lakewood, CO.

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Related posts:

1. Do I Owe Commission?
2. Do I Owe A Commission To The Listing Agent After My Contract Expires?
3. If Another Realtor Shows My House While My Realtor Is On Vacation Do I Have To Pay Them?
4. Who Pays The Realtor Fee If The Buyer And Seller Use The Same Realtor?
5. How Do I Know If My Realtor?s Fees Are Legit?

Source: http://www.realtor.com/blogs/2012/07/27/do-i-have-to-pay-the-buyers-realtor/

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