Rentals in 07734>Question Details

Tomas, Home Owner in 07734

I listed my home on rent by owner and a realtor a bought someone to look at rent property that have listed, do i have pay her commission

Asked by Tomas, 07734 Sun Mar 4, 2012

realtor told that i have to pay a commission fee, but i never sign a contract , i believe the tenant is responsable for payment

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Tomas,

Before showing the property, the realtor should have provided you with a one day listing agreement, if he/she did not, then frankly, you are not obligated nor is the tenant.

However, for his/her efforts, I would advocate a 5% commission based upon the rental price. So if the monthly rental is $1000 per month, your cost is $500, to which the agent will most likely get half. In the spirit of good karma, I would offer same. Understand that on a rental a Realtors busts his/her butt for pennies when u consider the time and paperwork. I believe it would be in your best interests to ensure that at least someone is represented by an agency.

Hope al work out well.

Francesca Patrizio, Broker Sales Associate, ePro, SRES
Gloria Nilson Realtors, Real Living
Francesca@PatrizioRE.com
732.606.2931 (Direct/Cell)
Web Reference: http://www.PatrizioRE.com
0 votes Thank Flag Link Wed Mar 7, 2012
Tomas,

Reading all the answers and your response to Laura's answer, the question still remains -- did you agree to pay the realtor a fee for bringing a tenant to your home? She had to have contacted you prior to showing your home to her tenant. In your question above, you state "realtor told that I have to pay a commission fee" - when did she tell you this? Did she say it when she called to schedule the appointment, if yes, then you allowed her to come to your home and show it with the understanding she would be paid a fee IF the person she brought to see your home, rented it? You could've have simply said no or told her that you weren't paying a fee and any fee she would be expecting or earning would have to come from her client, the tenant.
0 votes Thank Flag Link Mon Mar 5, 2012
So this was an open rental. As an owner of rentals, if tenant has good credentials I would pay the commission or pay half a months fee. A good tenant is worth the fee. Good luck.
0 votes Thank Flag Link Mon Mar 5, 2012
Hi Laura, I dont jave a listing aggrement , Im doimg this all by my self ( rent by owner) The agent came with the tenant. I never signed a listing aggrement.
0 votes Thank Flag Link Sun Mar 4, 2012
If your home is listed for sale or rent you should have a listing agreement (contract). What does it say?
0 votes Thank Flag Link Sun Mar 4, 2012
Did she discuss this with you in advance?
Very often, the Tenant is responsible for the Realtor fee anyway.

Give her a call and ask her.

Another important question for you....is it a greeat Tenant?
Do you want to loose them?
Your call.
0 votes Thank Flag Link Sun Mar 4, 2012
Since everything in our business is contract oriented. The showing agent should have had a buyers agreement with the tenant, and it should state how the agent is paid and by whom. Many times, no agreement was signed, or the payment is based on the listing agreement. That means, unless you sign or otherwise agreed to pay a commission or fee to someone bringing a tenant to rent, you aren't obligated to pay for services of an agent. The agent is then at risk of no commissions, due to not securing proper arrangements with the tenant, prior to showing.

As to what you could do to appease the coercing of the agent, for you to owe a fee, simply refer them to talk to their client, which isn't you. The agent will be obligated, by ethics, to present an offer from the client regardless, if the tenant wishes.
0 votes Thank Flag Link Sun Mar 4, 2012
Tomas: Coming from the commercial real estate world, where "Open Listings" are common. the realtor should have secured some kind of agreement from you, up front, prior to the showing. Otherwise, the realtor has the option of asking their client to pay them a commission. After the fact, it is all up to you as to how you'd like to handle it. You might provide the realtor a finder's fee, but if they start talking about your 'obligation,' there is none. One of the respondants refers to certain websites contracting you to pay realtors. I'm not familiar with them.
0 votes Thank Flag Link Sun Mar 4, 2012
That would depend on the site where you posted your listing. If it was truly a "For Sale by Owner" site, you do not owe the realtor a commission. You would only owe a commission to her Broker if she presented you a "Show Client" letter that was signed by her/him and you agreeing to a commission.
By posting on some sites you actually are signing a listing agreement. You must be very careful with these "By Owner" sites.
0 votes Thank Flag Link Sun Mar 4, 2012
The question is sort of difficult to understand, if you are the owner and you never signed anything with the Realtor then no you owe her nothing. I would call her broker (office boss) and tell the broker what is going on and ask why she thinks you owe her a commission. She sounds like she is trying to pull the wool over your eyes and that gives all of us Realtors a bad name.
0 votes Thank Flag Link Sun Mar 4, 2012
Tomas,

When the realtor contacted you to show your home, did she ask you if you would pay her a commission if the person she brought to see it - rented it? Did she ask you if you cooperate with real estate agents? Even if not in writing, did you agree to pay the agent?
If you did not agree to pay her a fee when she contacted you to show your home and you did not agree to pay her a fee when she came to your home to show it, then you shouldn't be responsible for paying a commission.
0 votes Thank Flag Link Sun Mar 4, 2012
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