Home Buying in 77058>Question Details

Emadrigal, Home Buyer in 77058

The Realtor agents are fighting over the commission, and is making me worried since I am the buyer. Can I deal directly with the owner?

Asked by Emadrigal, 77058 Wed Jan 26, 2011

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I am so sorry to hear of this very unprofessional situation you are dealing with. Here is the link to TREC

The Texas Real Estate commission

This is where you can place a complaint if need be.

The first step, however, is to talk to your agent and tell them you are uncomfortable with this and that you now have the info to TREC. I think this will solve it.

In Texas, All licensees work under a "broker." Advise your agent that you will talk to their broker if they can't come to terms with each other. If the broker is involved, Try TREC.

You should not have to witness this AT ALL!

Best of luck!

Jonas Mancuso
Remax / Lakelend
0 votes Thank Flag Link Wed Jan 26, 2011

Sorry to hear about your worries. In most states you can't just cut the real estate agents out. However, if they have any issues about their commission, they do not need to bring it to you! They should complete the transaction and take care of the problem on their own time.

Again, sorry to hear that you are dealing with a problem that shouldn't be yours!
1 vote Thank Flag Link Wed Jan 26, 2011
Well, fighting over the commission, with the buyer (and I assume) seller aware of this, is bad form. However, that is THEIR issue and unless you can see it affecting your agent's performance, I wouldn't worry too much about it.

No, you can not deal directly it the owner if the seller has a contract with their agent.

Would you mind giving any details regarding what the specific issue is wth the commission?
1 vote Thank Flag Link Wed Jan 26, 2011
The advice from others is good advice but let me add one concern. Even though commission should not be something you need to worry about, if one agent is very upset, that could have some influence on the dealings with the other party (the Seller or the Seller's agent). I would not get in the middle but try to speak to each of those agents and politely remind them that your main concern is to buy this home and that you hope that they will continue to make that their priority. Again, a polite friendly hint wouldn't hurt. Good luck!
0 votes Thank Flag Link Thu Feb 10, 2011
None of this should affect you purchasing the home. The title company can collect the commission for both agents at closing and the issue between the two agents can be resolved at a later time. The most important issue here is to complete the transaction for your sake as well as the Sellers'. My commission never gets discussed with my clients unless they ask about it. Whether it is a 1% or 5% commission, my job is to find you a home to purchase with the least amount of stress. What, when or how I get paid shouldn't be on your worry list. That should be my problem. Not yours.
0 votes Thank Flag Link Thu Feb 10, 2011
Yes you can deal directly with the owner. It is wise to have a realtor by your side to help. I hate to hear about the issue that you are having with these realtors. As a mortgage banker I work with some very respected realtors in and around the Houston area that can help. Feel free to contact me if you wish to further discuss. Have a great day!
Web Reference: http://www.kgcm.com
0 votes Thank Flag Link Wed Feb 9, 2011
I agree wholeheartedly I would be glad to help
Flag Fri Jun 13, 2014
Dear Emadrigal,
I am so sorry that these REALTOR issues are clouding your home buying experience. I would recommend contacting the supervising Broker of the firm your agent works for and make them aware of the situation.
0 votes Thank Flag Link Tue Feb 8, 2011
Regardless of whatever the agents are tangling about concerning the commissions, that discussion shouldn't concern you (as FSBOsuccess stated earlier).

Also, unless you're working on a complex deal (typically commercial), dealing directly with the seller isn't necessary. Even on complex, commercial deals where it's necessary to deal with sellers to handle certain issues, both the buyer and seller usually will interact via their proxies (ie their attorneys and brokers).

Just make sure that you do a good job of communicating what you want with your agent, and have your agent confirm that s/he understands your request.
0 votes Thank Flag Link Mon Jan 31, 2011
I suggest that you contact the broker for each of the agents and ask them to work together to resolve the agents' issues. You, as a buyer, should not be informed of or included in a dispute regarding the commission.
0 votes Thank Flag Link Mon Jan 31, 2011
Why are they fighting over the commission? Should not involve you because you aren't paying anything. The seller pays it all which is one of the reasons I hate selling a home and having to front ALL the costs.
0 votes Thank Flag Link Mon Jan 31, 2011
The owner sold their house pending close and you bought the house pending close, so there is no reason to contact the seller. This scenario should not affect your ability to purchase the property at the contract price. I suspect the listing agent showed the house instead of your preferred agent and listing agent is using an argument called procuring cause to justify exclusion of your agent. Did that listing agent sit the open house or show the home? also did listing agent help you write up the contract? Signed buyer agency is the best way to go to "protect" your preferred agent from a greedy listing agent that showed their own listing and want to get paid on both sides of the commission. However it is not up to the client to decide who gets paid. Most Realtor associations agree to arbitration to settle these matters and a committee of brokers decide who gets paid or if it is split in anyway. This is not your problem, it is something that will be resolved 4-6 months after closing if the two managing brokers don't agree.
0 votes Thank Flag Link Mon Jan 31, 2011
Do you have a buyer representation agreement? You might not be able to go around your agent and go directly to the listing agent. Sounds like your Realtor has done a lot of work and wants to get paid.
0 votes Thank Flag Link Sat Jan 29, 2011
Yes, You can deal directly with the owner.
0 votes Thank Flag Link Thu Jan 27, 2011
I suggest getting your attorney involved to make sure their dispute doesn't get in the way of your closing date/purchase.

The realty is the brokers should keep their dispute separate and handle it after the closing because essentially they are disputing over money that isn't even on the table (which quite frankly is shame on them). There is no money to dispute until closing so they should follow proceedings then.

Good luck!
Web Reference: http://territory.com
0 votes Thank Flag Link Wed Jan 26, 2011
Hi Ema,

Oh my oh my, how can there be a fight about something that shoud be so clearly pre-determined? And why in heavens name would they involve you. If this is causing any conflict whatsoever in your proceeding to closing you need to know that your agent has a boss too and that's his broker. Get on the phone with the Broker ASAP and stop the insanity. So sorry you had that experience with a real estate professional.
0 votes Thank Flag Link Wed Jan 26, 2011

Unfortunately this does come up from time to time.

Ask the agents to set aside their differences regarding the fees and focus on helping the customers.

There are procedures where these disputes can be remidied after the closing.

The procedures vary from state to state.

If they are unable to set the issue aside you may want to contact your local board of Realtors and see how this would be handled in your area.

It will not cost you any money to do this.

Best of luck to you in your new home!
0 votes Thank Flag Link Wed Jan 26, 2011
Maybe have your attorney send both brokers a letter that he has an offer to purchase the home. He may decide to contact the seller directly and their attorney.

What's in the listing agreement??


nothing like a buyers agent trying to wrestle more money from the listing agent "..it's my buyer...." give me me me me or I'll take them somwhere else... greed.
Web Reference: http://www.rentlaw.com
0 votes Thank Flag Link Wed Jan 26, 2011
I would recommend speaking with your Realtor and advising him/her to put the commission squabble aside and do his/her job, or you'll contact his/her Broker.
Web Reference: http://www.golftobeach.com
0 votes Thank Flag Link Wed Jan 26, 2011

The professional approach should be to set aside all differences until the transaction closes. At the very least, the agents should be protecting both the buyer and seller from this distraction.

As far as dealing directly with the seller. If you have an executed contract, it would be fair to assume the realtors are named as parties expressly involves in your transaction. Any effort to remove them would likely involve an addendum to the contract with which they would have to agree.

We would recommend contacting your agent's broker to explain you concern....one would hope that this would resolve the issue as far as you're concerned.

Best wishes,

0 votes Thank Flag Link Wed Jan 26, 2011
Every State is different and all have different laws governing real estate. That is why answering questions on this form is very difficult and the answers you get will not be correct or factual. in the State of Ohio you are not allowed to talk to the owner directly unless the seller contacts you first. (If they contact you at all) If the commission issue affects you on getting this property or not getting it. Then you have a whole different set of problems. The original mls listing will state the commission at the time it is listed. You can use the date of it when writing an offer. Paying x amount of commission per mls.
I would concerned right now and tell your concerns to the agent your working with and document it.
0 votes Thank Flag Link Wed Jan 26, 2011
More details are needed. I doubt that you can deal directly with the owner, owners hire agents to keep them out of the loop dealing with such things. My suggestion is making a visit to the office and speaking with your agent and the agents supervising broker ASAP. It's all about YOU, not commissions in the deal and agents should never ever get you involved in that. It does happen but the seller and buyer should not even know about it when it does, it has nothing to do with the purchase you wish to make.
0 votes Thank Flag Link Wed Jan 26, 2011
Hi Emadrigal, sorry to hear that your transaction is not going smoothly. If you have a Buyers Exclusive Right to Represent agreement, then no, you should not contact the owner directly. If there is both the Buyers Agent and the Listing Agent then the agents are talking to their clients.
Talk to your Buyers Agent and express your concerns and make sure he/she clearly explains all the details to you. Your Agent works on your behalf.
Hope this helps. Best of luck.
0 votes Thank Flag Link Wed Jan 26, 2011
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