Home Buying in Jacksonville>Question Details

Zipper10, Home Buyer in Jacksonville, FL

Recently I have been experiencing problems with my sales agent and realtor (which happens to be a married couple)

Asked by Zipper10, Jacksonville, FL Mon Sep 17, 2012

and have expressed my concerns to them both. The sales agent offered to "remove their names" from the contractual work, and stated that they will ask that all of the commissions earned from both to go to me at closing because of our dissatisfaction. (i'm assuming this may be the best way to clear their names this late in the game) Is this something that can happen? I am a first time buyer and have had a home built and I am looking to close in the 2-3 weeks. I am in Jacksonville, Florida and was wondering if I needed someone to represent me at closing, if the sales commission ofference is something that could happen with no penalties toward me, and how I would go about locating some one to assist me at closing if needed?

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18
John Bennett’s answer
Zipper10,
The folks you are dealing with may not be Realtors, but instead licensed sales people working for the folks that built your home.

What you need is legal advise, and you best going to find that at an Attorney that works with real estate.

To find an attorney, you can go to any Real Estate office, as to speak with the Broker or manager and ask recommendationsation of a Real Estate Attorney. Realtors know who are the good attorneys that focus on Real Estate.
2 votes Thank Flag Link Mon Sep 17, 2012
BEST ANSWER
I agree with Rosina - talk with the Broker/Manager to be sure that you are propertly represented from the agency side through closing. If an accommodation is done with commission, I do not believe that should leave you unrepresented.

Talk to the broker and then if necessary to an attorney. Stay focused on the house and less on their commission. You want to be sure you are well reprsented to finish this off.

Good luck to you!
Jeanne Feenick
Unwavering Commitment to Service

PS - if you do have some sort of agreement that changes what was initially agreed to--- be sure you "get it in writing!"

This is not intended to be legal advice --- only an attorney can give you that.
0 votes Thank Flag Link Mon Sep 17, 2012
Zipper 10

I find a number of problems with what you are saying . First if you were registred with the builder by the representative agent/agents. Then they will get paid regardless. You point out that they offered to give you there commissionis that is VERY illegal and would be an offense that could cost them there license. The first person you need to talk to is the builder. but regardless if they are on the original contract they will get paid,
I suggest you pay no attention to Steve at Pro options Mortgage. it sounds very much like he is offering to perform services he is not licened to do. Go to MyFlorida.com and report any person that says they can help you that is not a licensed Real estate Agent. I would suggest you contact Sheffield and Boatright they are lawyers that do nothing but Real Estate law. Ask for Scott and tell him Doug Casteel refered you.
904-733-7900

Best Regards and

Good Luck

Doug
1 vote Thank Flag Link Mon Sep 17, 2012
As licensees, we are governed by FREC, Florida Real Estate Commission. No mortgage broker should respond as to the consequences or procedures here. As stated below, each real estate agent or Realtor is accountable to their Broker as well as the state. If by some coincidence your agent is also their own Broker, it would be best to seek legal counsel from a local real estate attorney. I would recommend call your local real estate board and speak with one of their attorney members. They are not only well schooled with the law, but are also familiar with the recourse you may take. In Jacksonville, it is North East Florida Association of Realtors (NEFAR). The number is 904-394-9494.

Good luck and know that we Realtors really do want the very best for all parties concerned.
1 vote Thank Flag Link Mon Sep 17, 2012
You should seriously consider hiring an attorney to represent you to resolve this matter and represent you during the closing.
1 vote Thank Flag Link Mon Sep 17, 2012
Well if you need help at closing i would be glad to help you. I know I will not make a commission on this deal but it is better help than none.

Call me I am very experience at purchasing homes. I always answer my phone or call you back within an hour.

Looks like you have had a great response to your issue. Good luck.

Claire Meadows Realtor

904 386-4358
0 votes Thank Flag Link Sun Sep 23, 2012
Well if you need help at closing i would be glad to help you. I know I will not make a commission on this deal but it is better help than none.

Call me I am very experience at purchasing homes. I always answer my phone or call you back within an hour.

Looks like you have had a great response to your issue. Good luck.

Claire Meadows Realtor

904 386-4358
0 votes Thank Flag Link Sun Sep 23, 2012
Well if you need help at closing i would be glad to help you. I know I will not make a commission on this deal but it is better help than none.

Call me I am very experience at purchasing homes. I always answer my phone or call you back within an hour.

Looks like you have had a great response to your issue. Good luck.

Claire Meadows Realtor

904 386-4358
0 votes Thank Flag Link Sun Sep 23, 2012
Well if you need help at closing i would be glad to help you. I know I will not make a commission on this deal but it is better help than none.

Call me I am very experience at purchasing homes. I always answer my phone or call you back within an hour.

Looks like you have had a great response to your issue. Good luck.

Claire Meadows Realtor

904 386-4358
0 votes Thank Flag Link Sun Sep 23, 2012
Patti O'Dwyer

You obviously need to read Ch. 475 Perhaps if you were a Broker you might know that an agent can give there commission towards the buyers or sellers closing cost and/or down payment. But the Buyer can NOT walk out the door with a check. It is Sept. go take your Law CEU's so you don't say such silly things.

Cheers
0 votes Thank Flag Link Thu Sep 20, 2012
There are a number of real estate companies that offer rebates to both buyers and sellers, so I googled it and found this statement:

Dee2e,

I'm afraid you are misinformed about Florida rules.

Under Florida Rule 61J2-10.028 of the Florida Real Estate Commission, the sharing of brokerage compensation by a licensee with a party to the real estate transaction with full disclosure to all interested parties is not considered a violation of Chapter 475, Part I, Florida Statutes.
(See https://www.flrules.org/gateway/Rule...ID=61J2-10.028)

The requirement is that all interested parties are informed (seller, seller's agent, and lender if using one)


Read more: http://www.city-data.com/forum/real-estate-professionals/89563-realtor-rebates-buyers-agent-agreement-seller.html#ixzz273Yt8PWI
Flag Thu Sep 20, 2012
I checked this out - since many companies offer rebates to buyers and sellers and found this: Dee2e,

I'm afraid you are misinformed about Florida rules.

Under Florida Rule 61J2-10.028 of the Florida Real Estate Commission, the sharing of brokerage compensation by a licensee with a party to the real estate transaction with full disclosure to all interested parties is not considered a violation of Chapter 475, Part I, Florida Statutes.
(See https://www.flrules.org/gateway/Rule...ID=61J2-10.028)

The requirement is that all interested parties are informed (seller, seller's agent, and lender if using one)


Read more: http://www.city-data.com/forum/real-estate-professionals/89563-realtor-rebates-buyers-agent-agreement-seller.html#ixzz273Yt8PWI
Flag Thu Sep 20, 2012
I googled it and found this: Dee2e,

I'm afraid you are misinformed about Florida rules.

Under Florida Rule 61J2-10.028 of the Florida Real Estate Commission, the sharing of brokerage compensation by a licensee with a party to the real estate transaction with full disclosure to all interested parties is not considered a violation of Chapter 475, Part I, Florida Statutes.
(See https://www.flrules.org/gateway/Rule...ID=61J2-10.028)

The requirement is that all interested parties are informed (seller, seller's agent, and lender if using one)


Read more: http://www.city-data.com/forum/real-estate-professionals/89563-realtor-rebates-buyers-agent-agreement-seller.html#ixzz273Yt8PWI
Flag Thu Sep 20, 2012
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ZIPPER10,

Contact me, a Florida Mortgage Broker/ LO about REALTOR REBATES with a real estate attorney, a representative from FRIC, FRAK and FREC, and a rep. from the DBPR, all on a conference call about REALTOR REBATES, and let’s all talk and see who knows what.

US Dept. of Justice Consumer Alert: Consumers Can Save Thousands of Dollars in Commission in 40 states
http://www.justice.gov/atr/public/real_estate/florida.html
http://www.justice.gov/atr/public/real_estate/commission-tab…

The Florida Real Estate Commission(FREC) Rule 61J2-10.028 (2) provides that a licensee may share brokerage compensation with a party to a transaction as long as full disclosure is given to all interested parties.


Steve McRory
Pro Option Mortgage/ Florida
steve@pro-option.com
http://WWW.PRO-OPTION.COM
Ph: 888 662 4404

Prior Service U.S. Marine Corps
=
0 votes Thank Flag Link Thu Sep 20, 2012
Actually, Doug, you can direct any portion of commission to buyers, or anyone who is a named participant in the transaction - but no one else. That fact must be disclosed. This means you could give all or part of your commission to a buyer or seller and stay within the law. You just can't give it to the lender, appraiser or your brother.
0 votes Thank Flag Link Thu Sep 20, 2012
My question to you would be if you were so unhappy with the service of these Realtors or agents why are you waiting until 2-3 weeks before closing to indicate that you were not happy, why not 2 - 3 months ago since you are working on a new build? If also sounds link you may have been working with othe on site Realtors or agents who are working for the builder 95% of the time and they usually don't get a big commission anyway if that is the case.

Giving someone who is unhappy just before closing commissions is not a "way to clear their names" because you will continue to be unhappy with them and most likely will continue to express that to your friends and neighbors.

Since you have already signed a contract on this property with these agents and are so close to closing, if another outside agent steps in they will be working for free unless you decide to pay the commission to them.

I guess the point is here if you are a buyer you should have buyer representation with your own agent not the sales office office on new construction or the listing agent. Then if you are not happy with them the first time they take you out to see properties move on to someone else that you will work better with, don't wait until just before closing to decide that you are not happy with them.

Contact a real estate attorney in Jacksonville to address your issues now. I don't know why there are so many replies from mortgage brokers since you don't have a financial question and that is their area of expertise, and watch the replies from out of state agents, all states work differently. Here in Florida 99.9 percent of closings are done with title companies where in most other states they are done with attorneys

Best of luck!
0 votes Thank Flag Link Tue Sep 18, 2012
Thanks Linda,
I have contacted an attorney. To answer your question, my concerns has been expressed over the months, so its not that I am just now deciding that I am unhappy. They have admittedly advised their broker of my concerns and their broker has confirmed that they have also, I have tried to work with them even still and after the ofference of signing their own names off the contract and letting go of their commission was the true eye opener, which I now know, should have been way sooner. Thanks for your input.
Flag Tue Sep 18, 2012
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MORTGAGE BROKER responds

Sounds like if realtors are willing to do this so late in the game:

1. the buyer has been a complete nightmare and was buying under $80,000

2. there was something done wrong and the realtors and builder would rather give up the up the realtor points to just make the issue go away.

Contact me and tell me the details and as a Florida Mortgage Broker who has to deal with realtors and builders daily, I'll tell you exactly what I think and possible options.


===
0 votes Thank Flag Link Mon Sep 17, 2012
I have everything from the sales agent (who works for the builder) and the spouse who was "supposed" to represent as the realtor in writing, apologizing for not meeting expectations with communication, etc soley due to personal issues going on outside of the business. This is a brand new property being built and is far more than $80k
Flag Mon Sep 17, 2012
I would recommend that you get the commission in writing through your Realtors Broker. Your agents work for the broker/Company. I would ask the broker to be present for the closing. You are to far along to get a new agent, maybe hire a real estate attorney. Good luck
Don Price USN-RET
REMAX Specialist
0 votes Thank Flag Link Mon Sep 17, 2012
Your question relates to contractual obligations between you and licensed professionals and a home builder. Such an environment, where consequences can be significant, and mediation and other reconciliation actions or 'off the table' will require an attorney. They always makes things better.

Unless damage has been incurred, rarely do reasonable people need to resort to this option.
What you describe in your question suggests something unreasonable is in play.
Wishing the best outcome for this situation,
Annette
0 votes Thank Flag Link Mon Sep 17, 2012
Good Day,

The best thing to do is talk to an experienced Realtor. Go to an office, Remax, and ask to talk to the manager. They would have the experience to recommend your best options.

Blaine Rabe
REMAX
904-874-0814
0 votes Thank Flag Link Mon Sep 17, 2012
You may want to speak with their Broker, that is their boss, before proceeding.
0 votes Thank Flag Link Mon Sep 17, 2012
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