Evelyn Johnston, The People You Know, Like and Trust! (Friends & Neighbors Real Estate)

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Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Why is this a question? Why would a listing agent during a a presentation be talking about commission paid to a buyer's agent over the previous years? Did I miss something??

May 09, 2016 09:59 AM
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg Real Estate

I'm scrunching my forehead wondering why?

If you say you pay a higher % thus attracting more buyers agents - that's totally ok.

May 09, 2016 06:48 AM
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

I don't think it's fair housing, but a potential price-fixing concern. If you compiled a report showing buyer agent splits via MLS for a number of homes in the area, I would call those statements of fact and not a standard being set.

May 09, 2016 05:32 AM
Patricia Kennedy
RLAH Real Estate - Washington, DC
Home in the Capital

I am having a hard time seeing how commissions paid to a buyers agent have anything at all to do with fair housing.  Maybe I just don't have the context for the question.

May 09, 2016 11:02 AM
Allie Angeloni
Long Realty - Oro Valley, AZ

I don't know 'why' a listing agent would mention commissions being paid to a buyer's agent over the previous year.  Who would be asking, and why would they care - what is someone's 'agenda' for giving this information, since it involves another agent, and not themselves.  I need to read answers below Evelyn Johnston

May 09, 2016 05:31 AM
Jennifer Mackay
Counts Real Estate Group, Inc. - Panama City, FL
Your Bay County Florida Realtor 850.774.6582

Why would that even come up and how would they know other than guessing which is a whole other ball of wax not to be opened!

May 09, 2016 07:41 PM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

you can discuss commissions with potential clients all day long.  You simply cannot discuss them with other brokers/agents because that could be collusion or even the appears there of which is not legal. You actually can even run ads saying what your firm charges and what they pay agents if you're running a recruiting ad.  No issues there at all.  And commissions and discussions of them have nothing I know of to do with fair housing.  The Sherman Anti-Trust Act is what prevents broker to broker discussions

May 09, 2016 03:36 PM
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

Commissions paid are not a protected class under the fair housing act.

May 09, 2016 11:55 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

I run that data all the time and share it with Sellers. The reason - if a seller wants to discount that data supports why they need to ante up or risk not getting their home shown and sold. 

May 09, 2016 10:08 AM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

I think Kenneth J. Jones and Fred Griffin have good answers

May 09, 2016 09:57 AM
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy


I think you have your answer, and then some...we have very smart people here.  A

May 09, 2016 09:11 AM
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

It is a custom here to divide commission in half. If a listing agent can not negotiate the commissions for both brokers, how that agent will be considered good for a seller in negotiation the whole transaction? 

May 09, 2016 06:54 AM
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

     Not sure I understand the question.  Is the scenario/discussion about (1) what Buyer Brokers typically get paid, or (2), how much compensation the Listing Agent is going to offer to Buyer Brokers as compensation 

Scenario (1)     

That discussion may be a violation of your MLS rules, if you name names and discuss the compensation paid to another Agent or Broker. 

     If you are only showing the Seller the "split" offered to other offices that you typically see in the MLS, that should be acceptable.


Scenario (2)  

If you are telling the Seller, "I the Listing Agent will charge you 10 bananas to sell your house, I typically give 4 of those bananas to the Buyer's agent or Selling Agent," that is part of the Listing Presentation.  In our (Florida) forms, the amount paid to cooperating Brokers is spelled out in the Listing Contract.   

    See an Attorney for legal advice.

May 09, 2016 05:37 AM
Jack Lewitz
Exit Strategy Realty - Evanston, IL

I think if anything it would fall under "Anti-Trust" law because price fixing or talking about real estate commissions would be covered in this area.

May 09, 2016 05:23 AM
Sharon Altier, SFR
Lawton Realty Group, Inc. - Elmhurst, IL
Your Real Estate Partner

Not sure why this would be brought up in conversation.  If you are stating what you, as a buyer's agent, have been paid in past year, that is a fact.  If you are stating what your firm has paid buyer's agent, that is a fact.  Beyond that you are walking a fine line. 

May 09, 2016 05:19 AM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I'm sorry Evelyn, but I really don't know the answer to this question.

May 09, 2016 04:37 AM
Pete Xavier
Investments to Luxury - Pacific Palisades, CA
Outstanding Agent Referrals-Nationwide

They can state the range, which in truth it has been a range since it's negotiable.

Where one would get in trouble is to imply that there is a standard, normal, usual or typical rate, even when speaking of the selling (buyers') agency's split. We must stay away from even the appearance of price fixing as it's a antitrust issue.

May 09, 2016 04:20 AM
Larry Johnston
Broker, Friends & Neighbors Real Estate and Elkhart County Subdivisions, LLC - Elkhart, IN
Broker,Friends & Neighbors Real Estate, Elkhart,IN

That's a good question.  I'll wait to see what kind of answers you get.

May 09, 2016 04:19 AM
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Need to see what others are saying about this.

May 13, 2016 03:50 AM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Not sure if the Sellers would benefit by this information.

May 10, 2016 11:04 PM
Tony Lewis
Summit Real Estate Group - Valencia, CA
Summit Real Estate Santa Clarita & Aliso Viejo

If it's public record have at it.

May 10, 2016 10:01 AM
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties


Out here that information is not public knowledge.  I have NEVER seen it come up on a presentation (usually the total percentage will be asked) and I would put out there that most sellers don't know it exists.  The one's I've explained where the percentage goes have not realized that it covers both agents.

May 10, 2016 04:22 AM
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

Huh?   As I channel Roy Kelley -- this might be an opportunity for a blog post. I'm betting there is something that happened to trigger this question.  

May 10, 2016 12:08 AM
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

I do not see a relationship with fair housing.

May 09, 2016 10:58 PM
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

What buyer agents are paid on listings is a matter of "public" record in mls. Just gather up your facts.

May 09, 2016 10:45 PM
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Good morning Evelyn. Not sure why it would come up, you know what are going to charge as your fee, I would be fully open about it, as you know what your service is worth.

May 09, 2016 06:29 PM
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Evelyn Johnston  this will a 'fact' - yes, I think we can share that information with future prospects.

May 09, 2016 02:47 PM
Sybil Campbell
Fernandina Beach, FL
Referral Agent Amelia Island Florida

I wonder why that would be a part of your listing presentation unless you are trying to get a seller to pay a higher commission like Lyn Sims said.

May 09, 2016 01:18 PM
Melissa Jackson
Century 21 Alliance Properties - Azle, TX
Helping You Make The Right Move

Stopped to read your replies.  Interesting, I have never thought of this.

May 09, 2016 01:06 PM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

Not sure in what context you are using this...If you say that the "usual" commission is X and the Buyer's agent gets Y.  You will work at less than X but buyer's agent still gets Y..the "hit" is on you...is the only reason I can thik of that this would be part of a listing presentation.

May 09, 2016 01:05 PM
William Feela
Realtor, Whispering Pines Realty 651-674-5999 No.

I would concentrate on the really improtant info...marketing

May 09, 2016 12:01 PM
Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker in DC, MD, VA and attorney in DC

I am enjoying reading the answers! 

May 09, 2016 11:53 AM
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

I don't see a problem with it but also don't see how this would come up in a conversation.

May 09, 2016 10:57 AM
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

I do not know.

May 09, 2016 09:15 AM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

what that would have to do with a subject in the moment I would like to know...Water under the bridge..

May 09, 2016 08:36 AM
Bob Crane
Woodland Management Service / Woodland Real Estate, EXP - Stevens Point, WI
Forestland Experts! 715-204-9671

Not sure why it would be.

I see Kenneth J. Jones has a good reply at the top of the list though.

May 09, 2016 07:34 AM
Susan Laxson CRS
Premier Sotheby's International Realty - Naples, FL
The Michelle Thomas Team

Has never happened to me and don't know why it would be brought up. I don't know the answer.

May 09, 2016 06:59 AM
Barbara Todaro
RE/MAX Executive Realty - Retired - Franklin, MA
Previously Affiliated with The Todaro Team

I've never heard of that conversation taking place....

May 09, 2016 06:19 AM
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

There are homes sellers who will not pay to MLS buyer agent. They expect buyers to pay for it.   It is a statement of fact. 



May 09, 2016 05:30 AM