Agent2Agent in Chicago>Question Details

Jennifer Ames, Real Estate Pro in Chicago, IL

What would you do if a listing agent changes the coop commission in the MLS after you finished negotiating the sale of the property to your buyer?

Asked by Jennifer Ames, Chicago, IL Tue Sep 8, 2009

I recently negotiated an offer for my buyer to purchase a house. At that time, the MLS sheet said the coop commission was 2.5%. As I always do, I attached a copy of the MLS sheet to the offer. Sometime between when we our offer was accepted and the closing, the listing brokerage firm changed the coop commission in the MLS to 2.0%. When we called the listing agent, she was indignant and said it was always 2.0%. But I have proof that it was otherwise. What would you do?

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Jennifer, thanks for sharing such an unfortuneate event with us. It's a real valid 'heads up' for the cya game we all must practice. In circumstances such as this it would be beneficial if penalties could be applied to compensate you for your time wasted. We've all been there and wish these 'desperates' would leave the business.
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I believe Dennis has laid the sequence of actions very well.
0 votes Thank Flag Link Wed Sep 9, 2009
Jennifer,
Just show proof, and stick to your guns. If they deny it and the deal closes, send a written letter to your local commission, they will surely look into it and award you the rightful commission.

Good Luck!
0 votes Thank Flag Link Wed Sep 9, 2009
I am not sure how exactly it is done in IL, can’t imagine it to be any different, but here in California if an agent tries to pull something like that he / she can be in trouble with the local board of Realtors. I have just been at one of the local board meetings and they said it happens more and more often. They will not let it happen especially after an offer from cooperating agent was received let alone accepted.

Fight for it....contact the board and they will help you out...you earned it.

Dmitri Stupachenko, REALTOR®
Web Reference: http://www.Stupachenko.com
0 votes Thank Flag Link Wed Sep 9, 2009
Jennifer,
First off, it never seems to end sometimes. You get yourself a good deal, and then another headache has to come your way! I am sorry to hear about this.
If you have a profile sheet printout, it has the date on it. I would resend this to them and their managing broker. I dont see why they would want to take it to the board. Try to work it out this way. If not, you are going to have to go further and contact the board and go through the process. Its a pain and you will want to talk to your managing broker about this as well. Hopefully they have enough sense and just work it out before you have to take drastic measures. Good luck!

Matt Laricy
Americorp Real Estate
Brokers Associate, e-PRO
mlaricy@americorpre.com
708-250-2696
0 votes Thank Flag Link Wed Sep 9, 2009
Jennifer,

SHADY! I had the same thing happen one time last year. We also had a copy of the listing sheet (though I did not attach it to the offer - good idea) and I immediately called the office broker and showed her the old listing sheet and the new listing sheet. After a bit of denial, arguments, etc. we were paid the full original commission.

If that does not work you could always file a complaint with CAR and go through their process. I have a hard time believing that a group of your peers would find for the other side given the facts as you spelled them out. I think it costs $300 to file the complaint but would be well worth it.

Good luck. Let us know how it turns out.

Eric Marcus ABR CPA CNE CRS
Broker/Owner
ESM Realty
Your Real Friend In Chicago Real Estate
773-244-1110
esmarcus@sbcglobal.net
0 votes Thank Flag Link Wed Sep 9, 2009
You could always tell the title company you have a claim against the seller and his or her agent. Depends on situation I guess, but lenders and title companies are so conservative now that usually ends it. This has worked where my clients have cancelled a deal and the seller would not return the earnest after a month or so.
Then the seller sold the home to someone else and a closing was scheduled. Obviously you would not actually do this unless a lot was at stake...

This happened to me, but I since I did not print the listing sheet I could not prove it...
Web Reference: http://www.1sthomegroup.com
0 votes Thank Flag Link Wed Sep 9, 2009
Jen- you are no shrinking violet...If the other agent will not do what is right, take it up the chain to her managing broker and threaten more action if needed. If the agent cut a deal for reduced commission for her client to accept that price, it needs to come from her side, not yours.
Web Reference: http://www.CONDOChicago.com
0 votes Thank Flag Link Wed Sep 9, 2009
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Flag Sun Jun 26, 2016
Jennifer

First send the agent the proof.

Second have your broker talk to their broker.

Third file a complaint through your board.

Fourth go to mediation.

Fifth go to arbitration.

One of my agents had the same thing happen. We went all the way to mediation. The other broker wanted to give us half but we told them no and we would go to arbitration. They agreed to pay us the balance of commission owed.

It may seem like a lot of effort to get what is expected but we all need to do this. Otherwise it will happen again. Hopefully it's not the same broker or it would be a pattern.

Dennis Toomey
RE/MAX TERRITORY
Cell (847) 338-0180
Fax (847) 956-2844
E-mail: dtoomey@remax.net
Web site: http://www.HouseByZip.com
0 votes Thank Flag Link Wed Sep 9, 2009
Hello Jennifer and thanks for your post.

This is a very common situation these days--a real estate "bait and switch" amongst colleagues and, for the most part, it is frowned upon by most brokers and states.

Unfortunately, ours is a business of "cooperation" with other agents, so I'd start nicely at first to provide her with a copy of the MLS listing (by the way, that was very good work to keep a copy of the MLS listing--I always do whenever I make an offer and its a habit more of us should cultivate). If this fails to provide her with incentive to correct the situation, you will need to speak with her broker about this matter. Brokers seldom like to hear of their agents playing "games" with fellow agents, so I'm certain that once the broker is made aware of the problem, it will soon be rectified.

If there is any question at all about the commission, most of the MLS services can provide you with a copy of the listing at any point in time. Because questions do pop up about prices and commissions on specific dates, your local MLS service should be able to pull up a copy for you and "certify" as to its authenticity.

Good luck! Hopefully, you can resolve this matter with a simple phone call to the agent and a copy of the MLS listing.

Sincerely,
Grace Morioka, SRES, e-Pro
Area Pro Realty
0 votes Thank Flag Link Wed Sep 9, 2009
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