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Digest Archive
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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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
.
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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
"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.
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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