NYC Chef for 3,
I am an experienced broker not an agent ,as a buyer's broker I can also legally give buyers the rebate you are asking about. This agent is NOT doing the work of the buyer's agent as the listing and/or selling agent has no fiduciary responsibility to the buyer (according to NYS law and also REBNY) but only owes confidentiality and loyalty to the seller! (unless the agent and you have agreed in writing to dual agency). Here is a link to the NYS Department of State Legal memo : "Be wary of dual agency" : http://www.dos.state.ny.us/cnsl/dualagcy.html
I've also provided a link to the NYS real estate laws below. I hope you have also retained an experienced NYS real estate attorney as NYC coop due diligence and contracts and closings can be complicated!
If it doesn't work out and you have to buy another home and are no longer with an agent or broker or you know someone else who wants to purchase an NYC home and obtain a legal buyer's rebate please contact me first. Best Wishes!

Thanks for the input - we realize we are asking this to a bunch of agents and were very interested in the response we'd get. Fortunately, the agent we asked is considering our request, so we are feeling very lucky. Either way, we felt it couldn't hurt to ask - the worst that could happen is she says no.
We appreciate the honest responses!

The fee the listing agent receives for their work is spelled out in the listing agreement they have with the seller. Do not assume that because you came to this property directly that this agent is not still doing the work that the buyer's agent, if you had one, would be doing.
Do you ask your doctor, dentist, accountant, attorney or any professional to reduce their rate for their professional services? On very rare occasions to make a deal happen when the parties are close in price but not quite meeting, an agent may, out of their own desire to make it happen, choose to kick in a little. That is a very generous and personal decision for them to offer, and frankly gives them an undeserved short end of the stick. For you ask them to "shave 1-2% off their commission" is out of line. The agent's job at this point is to get you and the seller to meet on price, not to deny themselves what they have earned.

As I said in the other Q7A,,,totally inapropriate. You are assuming a lot..that it is 6% for one, it may be structured with a certain percent if the deal is a cobroker and another if it is direct. and those terms and agreements are not for you to negotiate with, or even to know.

NYC Chef for 3,
If the selling agent is the listing agent their loyalty is owed only to the seller.( unless you have consented to dual agency.) As others have answered, the agent may not be allowed to lower their commission as it's up to the managing broker and not the agent! If they are both the listing agent and selling agent they will get a larger percentage of the total commission agreed upon at the time of listing ie: say the total commission is 8% and they get a 50% cut then they will get 4% of the sales price (if the agent is a top producer they may get a higher cut say 65%) but if someone else sells it or they are just a buyer's agent or a selling agent then they will get 2% of the sales price (again depending on the agreement they have with their manager). So unless someone is a buyer's broker (and the only broker) it's not likely that anyone will be able to shave anything off their commission...

I think you would be better off in asking the sellers agent to help negotiate a lower price on your behalf. Part of her job is to assist with negotiations. Asking the agent to cut her commission is usually not a good idea, put your self in the agents place , I dont think you would appreciate it if someone asked you to cut your commission and salary.? Agents do not keep the entire commission. This is split with the company they work for ,if there are expenses they may come out of the commission as well. After taxes the commission to the broker is only about 25- 30% of the total commission. Your broker is now acting as dual agency where she or he represents the seller and you. It is her responsibility to work on your behalf as well. You will get more from the broker by asking for help to make this deal happen by negotiating the best price. Good Luck Carol Friedman NestSeekers

NYC Chef, I am not a broker, but a very experienced real estate attorney (my office is in zip code 10023 and I have lived on the Upper West Side for over 25 years). In the absence of a buyer's broker, having an attorney help with negotiations (and contract/closing) is the best way to ensure that you get the condo and cut the best possible deal.

I will be in my office tomorrow morning and would be happy to discuss your question. Feel free to call.

Regards, Lynne Figman (212.799.2833)
http://www.LynneFigmanLaw.com

Since the seller is the one paying the commission the agent does'nt have to entertain your request. You could ask and the agent will respond with the owner in mind. If it will save the deal she might, If she believes you will be a customer that she will work with again she might, if the listing is old or close to expiration she might.
Just remember this agent may be only getting one side of the commission in which case she my only be getting 1-2%. You need to understand the commission gets broken down 4 ways in common transactions The listing agent wiil get a percentage and share that with their brokeragency. The selling agent will get a commision amount pre arrainged between the owner and the listing agent and than have to share that with their brokeragency. So You can ask but dont be offended if they say they cannot .
I wish more people understood this configuration I tell clients this and they tell me they never new this is how it worked. People seem to believe that agents make to much for what they are doing and if you see this break down you quickly understand that it is only a quartermore or less of what is paid out to the agents.
If that gets broken down to hours spent servicing property the hourly rate could be very low. A good agent needs volume to make a decent living. In this market it is very tough to be working for commissions.
I hope I have explained it clearly without being offensive.
NZappola.Listingbook.com