We signed a buyers agreement and bought a home on auction site and now she wants a fee from us. Is this right ?

Asked by RAdams1825, Saint Louis, MO Tue Jan 14, 2014

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Jordan Gouger, Agent, Austin, TX
Tue Jan 14, 2014

First of all, I am not an attorney, and this would probably be a better question to ask one

If the home was bought in Texas, the Texas Buyer's Representation Agreement under Paragraph 11 Brokerage Fees, section C states:

"Broker’s commission is earned when: (1) Client enters into a
contract to buy or lease property in the market area; or (2) Client breaches this agreement. Broker’s
commission is payable, either during the term of this agreement or after it ends, upon the earlier of: (1)
the closing of the transaction to acquire the property; (2) Client’s breach of a contract to buy or lease a
property in the market area; or (3) Client’s breach of this agreement. If Client acquires more than one
property under this agreement, Broker’s commissions for each property acquired are earned as each
property is acquired and are payable at the closing of each acquisition."

You may have triggered the breach clause in the agreement because of purchasing a home while under an agreement without going through your agent. I would suggest that you consult with your agent's broker and discuss the situation with them.

Hope that helps,
Jordan Gouger
3 votes
Great recap, Jordan!
Flag Tue Jan 14, 2014
Susie Kay, Agent, Dallas, TX
Wed Jan 15, 2014
Jordan is right, in addition, if you read your buyers agreement section 11 (B) it spelled out that broker will seek to obtain payment from seller, landlord or their agents. If such persons refuse or fail to pay client will pay broker. Also read section 6 under client's obligations.

Best of luck,

Susie Kay, Realtor®
United Real Estate
III Lincoln Centre, 5430 LBJ Freeway #280
Dallas, TX 78240


Servicing your real estate need is my priority!
1 vote
Annette Law…, Agent, Palm Harbor, FL
Wed Jan 15, 2014
RAdams in Austin,
If I understand correctly, you are asking is it RIGHT for you to use the services of your real estate agent and then take action not to allow them to be compensated after you AGREED to compensate or allow them to pursue compensation?
That doesn't seem RIGHT to me.
Maybe "right' is viewed differently in TEXAS.
The cost to the buyer is directly related to the real estate they choose to buy. You choose to buy real estate that did not adequately compensate your agent at the agreed to level.
Do you consider it RIGHT to use your agents resources and time without compensation?

Best of success,
Annette Lawrence, Broker/Associate
Remax Realtec Group
Palm Harbor, FL
Palm Harbor University High School distirct
0 votes
Linda Fisher, Agent, Humble, TX
Wed Jan 15, 2014
I would check with your attorney, as each transaction is different.

Hpw much of a fee is she asking for,

Also in the future get theses things worked out in advance.

Good Luck

0 votes
Linda, they WERE worked out in advance. Now the buyer want out of the agreement.
Flag Wed Jan 15, 2014
My NC Homes…, Agent, Chapel Hill, NC
Wed Jan 15, 2014
Your contract specifically lists the legal terms you and your Realtor agreed upon. You should reference this document and if you have further questions you could either contact a local real estate attorney or call the Texas State Real Estate Commission; I've included the link below. .
Web Reference:  http://www.trec.texas.gov/
0 votes
Dallas Texas, Agent, Dallas, TN
Tue Jan 14, 2014
It is all contingent on the agreement executed between you and your Realtor.

Lynn911 Dallas Realtor & Consultant
Multimillion Dollar Sales Producer
http://www.lynn911.com 100's of Dallas homes listed for sale or lease

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