My realtor is stating I have to pay her the .05% because the other side is only paying 2.5%

Asked by Sam, 06484 Fri Oct 14, 2011

According to my realtor I will have to pay her .05% because the other side is only paying 2.5%. Is this standard in CT? I dident sign anything stating I would pay her .05%. I am the buyer of the home.

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Minna Reid, Agent, Trumbull, CT
Fri Oct 14, 2011
Your buyer broker agreement will have the answers. If you in fact agreed to pay 3% and the other side is paying 2.5 - then yes you are responsible for the other .5%
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Patrick James, Agent, Middletown, CT
Tue Oct 18, 2011
Take a look at your contract. It is quite possible yes.
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Alan May, Agent, Evanston, IL
Sat Oct 15, 2011
The short answer to your question is: If you didn't sign anything agreeing to pay the extra 1/2 percent, then you have no obligation to do so.

But, did you sign an exclusive buyer's agreement? If you did, it's possible that the language that makes you responsible for that extra 1/2 percent may be in there. If so, your agent really should have explained that to you clearly when you signed it (as well as you should have read it carefully and understood it before signing it.).

If they have nothing in writing, they have no leg to stand on.
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Annette Law…, Agent, Palm Harbor, FL
Sat Oct 15, 2011
It is always disappointing to me when a buyer or seller is surprised by situations that do not occur commonly but when they do, folks become unhappy.

In many cases a real estate professional will ask a buyer what types and condition of properties in which they have interest. How about bank owned or short sales or auction or for sale by owner? In some cases, where local profession regulation allow, a real estate broker will enter a listing with a $1 compensation with the intent such terms would be negotiated or in the case of the buyers agent who is asleep at the wheel. will in essence work for nothing. There are many creative, perhaps deceptive methods to transfer costs to the buyer or the buyers agent.

Knowing this is a real situation, your agent should present you with several choices that may have been discussed at the very start of your home search activity:
1. Don't show me any homes where the seller does not pay all agent fees.
2. Show me homes that are within 1% of your agent fees with you picking up the balance.
3. Show me everything and I'll chose on a house by house basis.

Sam, I do hope you found the skill, knowledge and effort of your real estate agent to be worth the 1/2 percent.
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John Juarez, Agent, Fremont, CA
Fri Oct 14, 2011
You say that you did not sign anything to obligate you to pay your agent additional commission beyond what she was paid by the seller. Ask her to show you the document that she is using as a basis for her claim. There is a tremendous amount of paperwork involved in buying a house. Maybe you signed an agreement that you do not recall – but you should have been given a copy. Maybe she just wishes that you had signed an agreement obligating you to pay.
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allan erps,A…, Agent, Pearl River, NY
Fri Oct 14, 2011
You as stated previously may be responsible. With that said, the Agent should have verbally told you this as well instead of "slipping it in the contract". Here in NY that would not fly as commissions are generally negotiable and an most honest Agents would have discussed this with you before you signed a Buyers agreement. Talk to the managing Broker to possibly state your case.
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Jack Mulroon…, Agent, Stamford, CT
Fri Oct 14, 2011
HI Sam, It is not uncommon for a Realtor to collect what you have offered in your Buyer Agency Agreement.,

If you have not completed your negotiation process, I might suggest asking for a seller concession to cover this amount. This process for covering your obligation is not uncommon and would compensate the Realtor according to your contract.

Since you are not suggesting that the Realtor should take less than what you had offered, this is a good workable way to defray some of your costs.
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Shanna Rogers, Agent, Murrieta, CA
Fri Oct 14, 2011
Hi Sam,

If you signed a contract that your Realtor would be paid 3% and the seller is only paying them 2.5%, then you are liable to pay the other .5%. Read the contract you signed when you hired your Realtor.

Shanna Rogers
SR Realty
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Don Fabrizio…, Agent, Danbury, CT
Fri Oct 14, 2011
Sam - Minna's answer is absolutely correct - look at the terms of the buyer broker agreement you signed. If your agent is being paid less than the agreed-upon fee by the listing agent, then you very well may be liable to pay the difference.
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