Can an individual collect a "listing fee" in Idaho?

Asked by Wonderingoutloud, Idaho Falls, ID Mon Feb 14, 2011

Land without a dwelling on it being listed by an individual and sold by a selling broker...both are set to get paid. In addition, the listing broker is family to the seller.

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Aaron Catt, Agent, Meridian, ID
Tue Feb 15, 2011
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Jim Paulson, Agent, Boise, ID
Mon Feb 14, 2011
Quick answer = NO. In Idaho; all real estate commissions have to be paid through a real estate broker.

Like Aaron, I am not really sure what you are asking. However, the comment about "without a dwelling" is irrelevant. I do know that in real estate, any time you start a sentence with "Can" and end it with a question mark, you should ask your attorney instead of online (grin)!

Since I try to cover my bases, you will see that I will take up a lot of paragraphs to answer you question. Anytime the answer is longer than the question, you should get nervous too.

Is the property that is for sale the same "individual" that owns it (a "For Sale by Owner")? You stated the "listing broker" is related to the seller, so I "assume" it is a "listed" property but your choice of the word "Individual" has me confused!

Keep in mind, that in many cases, the property is listed by a real estate agent with the understanding that another agent may sell the property. For example, in the multiple listing service (MLS) it states what the other agent will get paid. If the other party is not a real estate agent (or more specifically a member of the local MLS, they "may" not get paid even if it states the selling agent will get paid since that agreement is based on membership of that MLS!)

For example, even though I am a licensed real estate broker in Idaho, if I sold a piece of property in McCall, I may not get paid to sell it if the offer of compensation was made via their MLS since I am not currently a member of their MLS!

It is illegal to pay a third party to facilitate a real estate transaction unless they are licensed real estate agent and even then, it has to be paid through their broker.

If the listing broker is related, that has to be disclosed right up front so everyone realizes that it is not an arms length transaction!
0 votes
Aaron Catt, Agent, Meridian, ID
Mon Feb 14, 2011
I'm a little slow at times, so please forgive me.

From what I gather, someone is selling their own land (For Sale By Owner) to a buyer who has a licensed real estate agent who is a family member of the seller. Is that correct?

When you say, "both are set to get paid". When you mean paid, I assume the buyers agent is getting a commission. Correct? Who is the other party that is getting paid?

Again, sorry for my misunderstanding :)
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