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Sellers agent refuses to work with our REA...what should we do?
After a few months of (unsuccessfully) searching for houses with our agent, we decided to look into new homes, and she introduced us to a builder who had 2 properties for sale. We decided to not to buy either of them, but while driving around the area my husband and I noticed another empty lot for sale, and long story short, we decided to put an offer in on the lot (the builder she introduced us to would then custom build a house for us.)
When it came time to put in an offer, the sellers REA refused to cooperate with another agency on the sale (meaning they will not pay our agent.) I've never even heard of this before...didn't even know it was a possiblity. And her agreement with the builder was only for the initial 2 properties, so he is not obligated to pay her either.
We feel responsible for compensating her in some way for the work she put in, but have no idea what is appropriate. She helped us out for almost three months (we probably looked at about 10-15 houses with her) and introduced us to the builder we will eventually use. We will most likely still use her to sell our current home in a year or so.
Totally at a loss...Any advice/info/suggestions would be greatly appreciated.
Re: Sellers agent refuses to work with our REA...what should we do?
I've seen this happen before. Builder will list one lot or new home but then has others available. If the actual property is not listed on MLS offering buyer agent commission then the seller is NOT obligated to pay the commission to your agent. Builder probably has an exculsive with his selling agent.
It is unfortunately for your REA but that's just the way it is in real estate sometimes. It's like if you found a FSBO house and the seller was unwilling to pay commission. You either don't use your REA or you pay her yourself.
Hope it all works out for you in the end.
It is somewhat of a common issue when building as opposed to buying existing.
Though in my experience this is MORE about the builder and less about the builder's agent. The builder and his agent have an exclusive deal and they don't want anyone else coming in to want a cut - otherwise less of a profit for them.
Many times builder's will pay for the buyer's agent fees but some times not. In our case, the builder would have added the fee onto the price of our house - we chose not to use an agent for building (but we did use a real estate attorney which is more valuable in my opinion).
This is similar to a FSBO in that they have no obligation to pay your agent's fees but often times to make the sale they will.
So you have a few options: contact the builder and ask that he pay your agent's fees for the sale; you pay your agent's fees or you walk away.
Sorry to hear you are going through this. This is common among builders: they will only pay a commission or referral fee if the Realtor accompanys the buyer on their first visit and registers with them as their agent. Furthermore, if you register for property A but buy property B, they wont pay.They can't be forced to pay a commission.
If you want to give your agent some compensation, that is very generous of you. Spend some time thinking about what you think is fair. Obviously, it isn't necessary but it is a kind gesture. Clearly, you may not be able to pay a full commission amount, I'm sure your agent will appreciate your thoughtfulness.
Good luck!
Lighthouse State Beach, Santa Cruz.
DS1 born June 2008 | m/c at 9w March 2011 | DS2 born April 2012
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