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Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

       If the coop fee that is in the MLS applies to you, that broker must pay you that amount.  Otherwise, Ethics committee, MLS committee, arbitration, civil suit, etc.

Jul 22, 2017 11:04 PM
Rainmaker
2,191,798
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

What does your Broker say ?????

Jul 23, 2017 04:03 AM
Rainmaker
1,206,361
Peter Mohylsky, Beach Expert
PMI. Destin - Miramar Beach, FL
Call me at 850-517-7098

If it is not in writing it does not exist.

Jul 23, 2017 03:52 AM
Rainmaker
544,014
Dave Halpern
Dave Halpern Real Estate Agent, Inc., Louisville, KY (502) 664-7827 - Louisville, KY
Louisville Short Sale Expert

Of course you should.

Jul 22, 2017 11:16 PM
Ambassador
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Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Why not, best to have everything in writing.

Jul 22, 2017 10:31 PM
Rainmaker
1,506,043
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

IF (and that's a BIG if out here) the landlord offers a commission to the tennat's agent, it will be in the MLS.  They are then obligated to pay that (at least out here).  If they don't, then like Fred Griffin said.

Jul 23, 2017 10:25 AM
Rainmaker
1,553,405
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
CEO of Vision Drive Realty - Coastal San Diego

Good job first of all for using one.

For the lease, you'd need to add a clause, since the Exclusive Right to Buy/ Buyer Agency Represenation agreement typically focuses on purchases not leases, so just add the lease compensation expectation so that either you get that from the listing agent or any difference from the client(s) (buyer/renter).

Jul 23, 2017 06:44 AM
Rainmaker
1,466,257
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

What if the listing broker does not coop? You won't get paid. You BBA should state your client will pay you should the listing broker not coop. The MLS listing should state the coop fee. If it doesn't, call the listing agent and ask what is the coop arrangement. If the agent specifies a fee, get it in writing with a compensation agreement. Always protect your fee from either the listing broker and/or your client otherwise you will end up working for free.

Jul 23, 2017 06:40 AM
Rainmaker
3,071,489
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Michael J. Perry nailed this one!

Jul 23, 2017 05:50 AM
Rainmaker
4,800,132
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I would check with my broker.

Jul 23, 2017 05:47 AM
Rainmaker
921,504
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

If any ambiguity or escape hatches exist in the present agreement, you will want to remove them. 

You should actually have a minimal compensation agreement in place with your clients stating if seller/owner fails to compensate, the minimal compensation is assumed by your client.

This would be a great opportunity to consult with your broker or attorney to explore all the ways you can be left behind when you 'assume' the other party is going to take care of you.

Jul 23, 2017 05:43 AM
Rainmaker
4,582,334
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

What is the accepted practice in your area?   As others have answered - if it's not in writing, you may have an issue.   I would think that if it is listed in the mls, there is compensation noted for the broker representing a tenant.  

Jul 23, 2017 05:05 AM
Rainmaker
608,881
Mitchell J Hall
Manhattan, NY
Lic Associate RE Broker - Manhattan & Brooklyn

Depends on how rentals are handled in your market. I always get a signed rental fee agreement from tenant upfront before showing them rental properties.

In a rental transaction here when a broker is involved there is a broker fee but it should be determined with client upfront who will pay it.

 It should be stipulated in the MLS listing who pays. The landlord or the tenant? It may be split between two brokers paid by landlord or paid by the tenant. The landlord may pay the fee called "OP" (owner pays) or owner may only pay their broker so the tenant's agent may have to collect their own fee (COF)

Jul 23, 2017 04:44 AM
Rainmaker
5,583,328
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

I'd put all of it in writing....

Jul 23, 2017 04:40 AM
Ambassador
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Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

I'm a little confused by the question. Are you saying that you are working with a buyer who now wants to rent? In my area renters require a different representation agreement than buyers. And for most rentals in my area, the tenant is the one who pays the fee. So it would depend on the rules in your area (if I'm reading the question correctly).

Jul 23, 2017 02:50 AM
Rainmaker
3,986,308
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Always.

Jul 22, 2017 10:48 PM
Rainmaker
4,319,773
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

Put it on paper for sure.

Jul 22, 2017 10:37 PM
Rainmaker
3,988,013
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

It might be a good practice. Talk about it with your broker.

Jul 23, 2017 06:56 PM
Rainmaker
4,434,177
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Talk to your broker.

Jul 23, 2017 12:09 PM
Rainmaker
4,960,541
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Check with your broker

 

Jul 23, 2017 08:22 AM
Ambassador
3,349,434
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

That's up to you. What does the office policy dictate?

Jul 23, 2017 07:33 AM
Rainmaker
5,239,966
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

What is the policy of your brokerage? It is normal for agreeements to call for the buyer to pay you a commission with an offset for any compensation paid by a seller!

Jul 23, 2017 07:11 AM
Ambassador
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Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

If it's listed in MLS, you will be paid but, you will also want to have your tenant sign Form 220 (in NC) and note that should the client lease (where it says 'buy property,' compensation will be as per listing brokerage as stated in MLS. 

We really have no 'form' covering us for that here in NC. Form 770 is also an option but, again, you would have to be specific.

I've also seen agents add a lease line under the 'other' form of compensation on the BA and have the buyer/tenant initial that. 

Jul 23, 2017 06:58 AM
Rainmaker
1,728,256
Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

No; the public thinks you work for free

Jul 23, 2017 06:24 AM
Rainer
213,263
Dennis Swartz
Full Circle Property Management - Columbus, OH
MBA, GRI...experience counts!

Depends-do you want paid?

Jul 23, 2017 05:21 AM
Rainmaker
1,712,776
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

In Oklahoma City if it is in the MLS t is treated the same as commission on a sale.

Jul 23, 2017 04:55 AM
Rainmaker
7,863,586
Roy Kelley
Retired - Gaithersburg, MD

A compensation agreement is a good business practice for all transactions.

Jul 23, 2017 04:55 AM
Rainmaker
5,112,886
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

As Peter Mohylsky said...if it's not in writing it doesn't exist.

Jul 23, 2017 04:03 AM