Brandon Brockway (Pacific Properties NW)

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Rainmaker
1,769,976
John Novak
Keller Williams Realty The Marketplace - Las Vegas, NV
Henderson, Las Vegas and Summerlin Real Estate

Whenever questions arose, one of my first brokers would always ask "What does the contract say?" It appears your real estate attorney has already reviewed the contract, so I would go with their opinion.

Dec 22, 2015 09:37 AM
Rainmaker
2,224,167
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

No. The seller's financial short comings aren't an agent's responsibility. 

Dec 22, 2015 10:41 AM
Rainmaker
1,759,139
Lyn Sims
Schaumburg, IL
Real Estate Agent Retired

That seems high but I say too bad as who was their 'contract' with? Listing agent has to be a little out of it not to wonder where the funds are coming from. I won't use these firms because the bank will not pay them & they know it so they try to extort everyone in the deal. Really, trace back the contract & see where they get paid - they might just stop negotiating on the sellers behalf.

Dec 22, 2015 08:31 AM
Rainmaker
938,105
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

NO. Not your circus or monkeys. And you did not know till you were informed. Push back hard on this.

Dec 22, 2015 07:55 AM
Rainmaker
1,424,650
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

In my view, the only fee an agent should pay is a fine for excessive celebration at the COE!

 

If the agent knew about it and didn't disclose it, bad agent!  Pay the fee!  If they don't know, they can't disclose, bad whomever for not telling them!

 

Of course, none of this is legal advice.  I'm not a lawyer, I only play one on TV.  Consult with a real one.

Dec 23, 2015 12:44 AM
Rainmaker
878,486
Pete Xavier
Investments to Luxury - Pacific Palisades, CA
Outstanding Agent Referrals-Nationwide

I would seek the advice of your broker if you have not done so already and state Realtor association attorney regarding this in addition to the other lawyer. Have done several defaults where believe it or not the lender/investor owner had absorbed the "negotiation fee" and if it is not paid that duty falls to the buyer and should of been noted as a possibility or matter of fact up front. I know that many agents give up their hard earned money on negotiation fees, I thankfully have not and passed it on to the rightful owner of that debt. In most cases the property would still be a good deal even with the fee for the buyer. When dealing with a default situation this is a possible or real expectation you can work on with a default buyer and figure it in when making the offer or if you're the listing agent, indicate in the private remark section that the buyer is responsible for any negotiating fee (unless listing agent wants to split or pay part...I know this happens, but not on my team).

Important: You're letting the law firm that negotiates with the lender/investor dictate who has the obligation of the bill? Have you signed any agreement with the negotiating law firm?

 

I am NOT a real estate attorney-Opinion based on past professional real estate experience.

Dec 22, 2015 08:11 AM
Ambassador
5,696,016
Bob Crane
Woodland Management Service / Woodland Real Estate, EXP - Stevens Point, WI
Forestland Experts! 715-204-9671

Only parties to the transaction should ever pay any fees.

Mar 02, 2019 11:28 PM
Rainmaker
4,244,027
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

The power is say NO as in Next Opportunity remains quite important.  

Dec 25, 2015 11:07 PM
Rainer
6,262
Ash Vecchio
Ferrarri International Realty - Hillsboro Beach, FL
Managing Director

Not that I've ever heard of

Dec 23, 2015 11:12 AM
Rainmaker
5,579,057
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

that's absurd.... in our area, we have a short sale attorney who gets her fee from the bank holding the mortgage....and she gets us additional commission money.... the buyer pays nothing extra...the seller pays for nothing and the agents are NEVER asked to participate....

Dec 23, 2015 07:49 AM
Rainmaker
432,646
Shanna Hall
Real Estate Solutions - Kirkwood, MO
I love selling houses!!!St. Louis, MO 314-703-1311

If you didn't sign anything agreeing to paying it then you are not the responsible party. 

Dec 23, 2015 03:25 AM
Rainmaker
292,585
Jack Lewitz
Exit Strategy Realty - Evanston, IL

This is a problem when negotiating short sales. Lenders will not pay 3rd parties in a transaction and sometimes do not pay attorney fees when there are title fees. Lenders cant wrap the concept that attorneys and title companies are normal transaction fees to pay. So it comes down to telling attorney to reduce his/her fees and split this cost between agents otherwise the deal will not close.

Dec 23, 2015 02:46 AM
Rainmaker
4,507,370
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Negotiator should have disclosed assistance fee up front. Listing agent, unless in writing in the listing agreement, has no obligation.  Cross that firm off my vendor list

Dec 22, 2015 11:17 PM
Rainmaker
3,376,134
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

The FIRST MISTAKE is the negotiator is working for the seller so the seller should have signed a contract up front which would have stated what their fees are. If the law firm did not have the seller sign one, shame on them. It is not the agents spot to pay it, BUT the agent should have known enough about short sales to make sure the negotiator for the seller had an upfront contract, that is unless the seller hired them without the listing agent knowing which i have seen happen. 

Dec 22, 2015 09:41 PM
Rainmaker
6,961,863
Roy Kelley
Retired - Gaithersburg, MD

You need to be aware of any obligations in your listing agreement or sales contract.

Dec 22, 2015 09:27 PM
Rainmaker
4,433,809
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

No.

Dec 22, 2015 08:18 PM
Rainmaker
3,070,784
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

What John Novak said

Dec 22, 2015 07:40 PM
Rainmaker
1,549,295
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

Responsible? No. Can volunteer to pay - yes. Should better negotiate not to do so ~ yes. 

Dec 22, 2015 03:50 PM
Ambassador
4,316,065
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

I do not believe the listing agent should be responsible for paying any fees.

Just make sure, as per contract, listing agent gets paid...

Dec 22, 2015 02:54 PM
Rainmaker
2,008,227
Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker in DC, MD, VA and attorney in DC

The issue of negotiator fees seems rampant in short sales! 

Dec 22, 2015 01:02 PM
Ambassador
3,724,077
Patricia Kennedy
RLAH Real Estate - Washington, DC
Home in the Capital

Well, you have to look at the buyer agency contract and the contract for the purchase of the home.  If it says the agent pays, the agent pays.  I've never heard of one that said that, by the way.  But a lawyer can always try.

Dec 22, 2015 12:00 PM
Rainmaker
3,669,613
John Pusa
Berkshire Hathaway Home Services Crest - Glendale, CA
Your All Time Realtor With Exceptional Service

This is very good question.

Dec 22, 2015 10:26 AM
Rainmaker
634,382
Kathleen Luiten
Resort and Second-Home Specialist - Princeville, HI
Kauai Luxury Ocean Home Sales

Yes if you failed to disclose a known fact, which is not an issue in the case you present. Otherwise no. Of course you need the advice of an attorney and that is his answer so trust it.

Dec 22, 2015 09:48 AM