Home Buying in Olympia>Question Details

Julie Anne Y…, Real Estate Pro in Spokane Valley, WA

Seller has offer and now wants the listing agent to negotiate the cooperating brokers commissions, is this legal?

Asked by Julie Anne Young, Spokane Valley, WA Tue Mar 5, 2013

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5
Julie,
The seller is looking for their best net price. It sounds like you are ether dealing with an XA or a FSBO that may not know the MLS rules about published commissions. Spokane has a different MLS than we do in the Seattle market, so the rules may be different, but I'd be surprised. If the home is in Olympia, it would be governed by NWMLS rules, which prohibit this, unless it’s a FSBO.
My suggestion is to prepare a net sheet with whatever commission is advertised and explain that the commission is between you and your buyer. Some companies have been rebating commissions to buyers, so he may be aware of that.
Unless you are dealing with a multiple offer scenario and want to reduce your portion to give your buyer a better position, which I don't advise there are better ways to do this, my answer would be no.
0 votes Thank Flag Link Tue Mar 5, 2013
More importantly; it is a big fat Red Flag!
You are going to have more problems with a Client who has no integrity:
Do you want to fight for everything?
0 votes Thank Flag Link Tue Mar 5, 2013
I believe that is against NWMLS rules.
0 votes Thank Flag Link Tue Mar 5, 2013
If you read the property listing agreement your answer will appear.
0 votes Thank Flag Link Tue Mar 5, 2013
I'm pretty sure it would violate most MLS rules. Consult your broker or an attorney.

If you don't get to a binding contract and have written evidence of this, I'd consider going after your commission, assuming you're the buyer's agent.
0 votes Thank Flag Link Tue Mar 5, 2013
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