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 Short Sale Commission

Created by:
Randy & Nancy Selby, Licensed Real Estate Broker,  Spring,  TX

Date: July 8, 2007, Number of Replies: 7


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If the listing broker stated in the mls that the buyer commission is 3%, that is what they must pay. If they don't, I would not hesitate to take it through the arbitration process with your local board or state.  I have a short sale listing now. I am fully prepared as the listing ahent to bite the bullet if necessary and not punish the buyer agent for not selling them another house.
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Paul Moye,  Franklin,  TN

Date: August 20, 2007

I have done short sales for years and have never seen a bank not send back an addendum with what fees they will pay at closing including agent fees. Since a proper short sales should notate in the MLS "requires bank approval" then when the buyer accepts that offer and the buyer's agent receives the ammended payout. Most commonly a bank will pay 4-5% and require a 50/50 disbursement. MLS is a vehicle of cooperation and compensation and if the Buyer still wants the house at a lower payout to their agent then the buyer's agent only has recourse against the buyer not the seller or the bank. By the way, I see as a member of the Professional Standards Committee more issues with Buyers Agent compensation than any other issue. In your contract it states that you wil expect a certain level of compensation for the completed purchase of a piece of real estate. No where in any state's agency documents have I ever seen where a Buyers Agent can direct what a seller pays, a bank agrees to pay or a broker splits when a short sale is incurred.It is the buyer who agrees to the terms of the addendum an no one else. The property is being sold under market value...if you do not like working with investors stop showing defaulting properties !! Paul Moye, Broker ABR, GRI, SRES, e-PRO Keller WIlliams Realty 9175 Carothers Parkway Franklin, TN 37067 615-778-1818 paul@middletnrealty.com Read MY Short Sale Blogs on Active Rain www.activerain.com/paulmoye'sblog
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m_aloni@bellsouth.net

Date: August 20, 2007

 

Countywide wide is paying 5% if 2 brokers are involved and 3.5% if only 1 broker is involved

 

Meir Aloni CRS, RECS & Team

WeSellBroward.com

FL

 


From: RealTalk [mailto:paul@middletnrealty.com]
Sent: Monday, August 20, 2007 7:20 PM
To: meir@meiraloni.com
Subject: RealTalk: Short Sale Commission ID003MFL

 

 

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Subject:

Short Sale Commission

Author:

paul@middletnrealty.com

Date:

August 20th, 2007, 12:53 PM PST

ID:

003MFL

I have done short sales for years and have never seen a bank not send back an addendum with what fees they will pay at closing including agent fees. Since a proper short sales should notate in the MLS "requires bank approval" then when the buyer accepts that offer and the buyer's agent receives the ammended payout. Most commonly a bank will pay 4-5% and require a 50/50 disbursement. MLS is a vehicle of cooperation and compensation and if the Buyer still wants the house at a lower payout to their agent then the buyer's agent only has recourse against the buyer not the seller or the bank. By the way, I see as a member of the Professional Standards Committee more issues with Buyers Agent compensation than any other issue. In your contract it states that you wil expect a certain level of compensation for the completed purchase of a piece of real estate. No where in any state's agency documents have I ever seen where a Buyers Agent can direct what a seller pays, a bank agrees to pay or a broker splits when a short sale is incurred.It is the buyer who agrees to the terms of the addendum an no one else. The property is being sold under market value...if you do not like working with investors stop showing defaulting properties !! Paul Moye, Broker ABR, GRI, SRES, e-PRO Keller WIlliams Realty 9175 Carothers Parkway Franklin, TN 37067 615-778-1818 paul@middletnrealty.com Read MY Short Sale Blogs on Active Rain www.activerain.com/paulmoye'sblog

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Robert King Licensed Real Estate Broker,  Saint Petersburg,  FL

Date: August 21, 2007

 
Paul who claims to do a lot of short sales says:
 
"I have done short sales for years and have never seen a bank not send back an addendum with what fees they will pay at closing including agent fees."
 
I've done several short sales and I've usually got the laundry list long before the buyer is aware of any demands from the lenders from this list.  The only time I share that list is when I have a legit offer.  I then discuss with the selling agent how their buyer would feel about paying these additional fees and how they may feel about what the lender may think is a reasonable compensation?  As far as the compensation is concerned it's a non-negotiable option.  If a buyer's agent is fool enough to put it in the contract and the seller (lender) is willing to pay it,so be it.  But I would never want to be party to a contract.  Either the buyer can make up the difference for inadequate compensation or we/they can look for another property.  If I'm representing the short I only release the seller's (lender's) REQUEST so there is no miss-understanding.  But usually what the seller (lender) does... is take the deal pay out of the proceeds what ever is necessary to close and get out of Dodge.  All these Official Lender Demands means nothing to a buyer regardless of who, where or when!  That's why we are seeing so many foreclosures sitting vacant and no court house sales!  It doesn't make any difference what the seller (lender) wants if the buyer doesn't offer something acceptable then the seller (lender) is going to either wait until somebody says yes or they will take what the buyer has to offer and shut up about it.  It all boils down to a Poker game when it comes to who blinks first!  It's just a question of how much is enough to satisfy.  All this crap about the lender demands this and the lender demands that is nothing more than scare tactics that every investor knows is BS!  Just because the property is a foreclosure doesn't mean it's a good deal.  Actually I have found most foreclosures that are so short it makes me wonder what these silver tongued boneheads tell their stock-holders!  I can hear the whining now, I can also see the stock-holders cashing in their stock.  Run the comps where is there a deal right now.  You would think that a foreclosure would be a deal.  I've seen foreclosures that foreclose again because as long as the market goes down the property will become the next appraisers statistic and the highest selling property in a declining market.  You see even the Free Market system, which we have, Capitolism, is the the best market, yet it can bite you if you are not aware of what's going on.  Unfortunately few know what's going on, that's why everybody is so hesitant about purchasing anything at any price.  It's called a bad attitude in the market.  Does anybody have any ideas on how to turn this market around?  How about representing sellers and allowing the buyers to beware for a start, and learn how to cooperate and let the market clear itself out, instead of more misery indexing and hedging on an uncertain future.
 
Robert King 
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Tom Scaglione Licensed Real Estate Agent,  Lutz,  FL

Date: August 21, 2007

Robert,

 

I agree that as a buyer’s agent you should have a contract with your buyer to know what fee you will be working for. Further, I believe the listing agent and listing broker need to realize that the offer of compensation in the MLS is an Unconditional Offer of Compensation as per NAR and MLS rules and not a Conditional Offer of Compensation. If it were a Conditional Offer of compensation it would not meet the rules and could not be placed into the MLS. Therefore it is the listing Broker’s responsibility to pay the fee that is offered in the MLS period.

 

.
Thanks,
.
Tom Scaglione, ABR®, e-PRO®, REALTOR®
------------------ Owner / Manager ------------------
Avalar Realty of Tampa Bay, REALTORS®
1761 W Fletcher Avenue - Tampa FL 33612-1820

.
Off: (813) 908-7600 - Fax: (813) 908-7676
Cell: (813) 310-8200 - Toll Free: (888) 252-5271
.
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.
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at 1-800-523-2460 ext M713

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Neal Adler, gri,abr, e-Pro Licensed Real Estate Agent,  Studio City,  CA

Date: August 21, 2007

RE: Short Sale Commissions
 
Paul you hit the nail on the head.  As far as I can determine most MLSs will require a disclosure that a short sale is subject to bank approval.  Anyone writing an offer on these properties should be aware going in.  Don't try to change the rules of the game after it starts.  By the way, trying to change the offer of compensation or making the offer contingent upon the commission is a violation of the COE.

Neal Adler, GRI, e-PRO, ABR
Associate Manager, Rodeo Realty
California Association of Realtors Director, Region 18
Member Professional Standards Committees
California Association of Realtors
Southland Regional and Beverly Hills Greater Los Angeles Associations of Realtors
California Association of Realtors Certified Professional Standards Trainer
www.nealadler.com
Direct 818-308-8679
Cell 818-282-2516
Pager 818-228-9999
Toll free 888-216-7530
Fax 818-761-7277
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Paul Silver,  Portsmouth,  RI

Date: August 22, 2007

Robert King writes: Paul who claims to do a lot of short sales says:

"I have done short sales for years and have never seen a bank not send back
an addendum with what fees they will pay at closing including agent fees."

---

I would appreciate it if you included the last name of the person who posted
the comment, since it was certainly not me, and I would prefer to only be
attributed comments that I make...

Not saying you ARE attributing it to me, but alas, I don't know who you are
crediting to...

Paul Silver, Esq.
Focus Real Estate Group, Inc.

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Jim Bourgoin Licensed Real Estate Broker,  FL

Date: August 22, 2007

Neal Adler says. "By the way, trying to change the offer of compensation or making the offer contingent upon the commission is a violation of the COE."

Neal, that statement is not correct. You would have to qualify it.

A buyer can condition their contract on anything. The seller or the listing agent can not use the terms of the contract to interfere with the buyer's buyer broker agreement that they have with their buyer broker. Just like a buyer and buyer's broker can not use the terms of the contract to interfere with the listing agreement.

Buyers Advantage

Jim Bourgoin, CEBA, ABR, ABRM,
Exclusive Buyer Broker
Licensed Real Estate Broker
MLS Expert

 

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