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Rainmaker
748,912
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Go to your MLS and ask if they can do that. Then come back and tell us what they say. Every one of us have showed a home to a buyer and had the buyer write through another agent. We gotta cooperate. And that builder needs to if they post it in the MLS if they are a member of the association and there's a blanket offer of compensation. Let us know what you find out.

Feb 02, 2018 01:37 PM
Rainmaker
5,121,078
Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
Marketing Agent for The Todaro Team

I've never experienced that.... our builders work through their listing agents and everything is in mls with a cobroke fee.... we NEVER require signing in by agents.... come and go...stay all day... we will always pay you..... if the buyer comes in without you but mentions your name, that agent will get a full cobroke fee....never needs to show up ....

Feb 02, 2018 01:09 PM
Ambassador
3,445,025
Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
Charlotte Homes for Sale - Charlotte Neighborhoods

TWEET about it! Use THE BUILDER'S name and be certain that nothing you are saying is untrue. It will surely put them on alert.

Not only will they be losing any future business from you but, many other agents with whom you SHARE THIS TWEET. 

*I don't know if builders are protected in your state so, check with your REC first.

Feb 02, 2018 07:38 PM
Rainmaker
712,939
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

SOP (Standard Operating Procedure) with many builders. If your clients previously found the development and toured it without you, the builder wonders why you should get credit for introducing them.

 

In our consultation with new buyer clients, we cover that issue. We love helping them with new construction and we stress to them that we need to be with them the first time that they visit the development, or we will be cut out of the picture.

Feb 02, 2018 04:05 PM
Rainmaker
3,858,457
Dorie Dillard CRS GRI ABR
Coldwell Banker United Realtors® ~ 512.750.6899 - Austin, TX
Serving Buyers & Sellers in NW Austin Real Estate

We live in an area where that would not happen or if it did the builder would back down and pay you (except for a few). Realtors in Austin sell 75-80% of new construction homes and we are courted! A few builders are very strict about you being with your buyer client when they first register but this is where relationships come into play with the sales counselors for sure. Are you known to the builders? Let us know how this plays out.

Feb 02, 2018 05:05 PM
Rainmaker
547,457
Eve Alexander
Buyers Broker of Florida - Orlando, FL
Exclusively Representing ONLY Orlando Home Buyers

This is not about a builder...it is about an MLS listing.

The MLS offering of a co-op fee is always UNCONDITIONAL...so this it total BS and not relevant.  Memorize your MLS rules.

Why does anyone think that they need to give the LA the name of your buyer? 

I would NEVER give the name of my client to any agent, unless it would benefit ME...like if I wanted the builder to send my buyer an info packet.

I have been refused co-op fees more times than I can count...and I have always, always, gotten paid. Why? because I don't buy a baloney answer and I become such a pain in the ass that I get paid just so they can get rid of me.

Seriously...you sound too nice.

Eve

Feb 02, 2018 04:20 PM
Ambassador
2,896,742
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

if registered they don't have to pay, that's simply the way builders operate.  I've registered buyers where other agents tried to worm in later, nope.  I got paid.

Feb 02, 2018 01:03 PM
Ambassador
1,656,141
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

The question is inappropriate for this forum. 

Feb 02, 2018 12:47 PM
Ambassador
1,985,693
Silvia Dukes PA, Broker Associate, CRS, CIPS, SRES
Tropic Shores Realty - Ich spreche Deutsch! - Spring Hill, FL
Florida Waterfront and Country Club Living

Not uncommon, builders require agents to register their buyers and often in person.

Feb 02, 2018 12:30 PM
Ambassador
3,983,717
Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

That kind of problem would be handled through  our professional standards. If anyone lists on our MLS they are a REALTOR.

Feb 02, 2018 07:12 PM
Ambassador
2,191,051
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

The buyer can work with whatever agent they want. Just because they toured a house with the builder doesn't make them his clients. I would be talking with my local board and even the state association about this situation. 

Feb 02, 2018 06:49 PM
Rainmaker
417,685
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

I would be curious to see what the registration contract says.

Feb 02, 2018 12:47 PM
Rainmaker
3,128,475
Richard Weeks
Dallas, TX
REALTOR®, Broker

I would start by talking to someone at the local board where the property is lised in mls.

Feb 02, 2018 12:16 PM
Ambassador
4,371,356
Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

Builders and banks both seem to make their own rules.

Feb 04, 2018 12:29 AM
Rainmaker
3,054,229
Tony and Suzanne Marriott, Associate Brokers
Haven Express @ Keller Williams Arizona Realty - Scottsdale, AZ
Serving Scottsdale, Phoenix and Maricopa County AZ

Candice A. Donofrio nailed this one!

Feb 03, 2018 05:37 AM
Ambassador
2,363,990
Fred Griffin, on leave of absence from ActiveRain
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

      Talk to the Attorney who represents your Board of Realtors, or meet with an attorney who is familiar with your Board of Realtors.  This may be a procuring cause issue, it may be an MLS issue... only a local attorney can answer the question for you.

   Also, if you have a signed Buyer Broker's Agreement, that Buyer may owe you the money whether the Builder ever pays or not.  Again, see a local attorney.  

Feb 02, 2018 04:06 PM
Rainmaker
2,850,510
John Pusa
Berkshire Hathaway Home Services Crest - Glendale, CA
Your All Time Realtor With Exceptional Service

Many great responses.

Feb 02, 2018 02:47 PM
Rainmaker
4,574,261
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

I agree with Candice A. Donofrio .  A

Feb 02, 2018 02:08 PM
Rainmaker
1,557,954
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg IL Real Estate

That would be standard in my area, sorry.

Feb 02, 2018 02:03 PM
Rainmaker
780,898
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

DISCLAIMER

I am not an attorney. I don't even play one on TV. None of the following is leagal advise, but, may be considered HUMOROUS ENTERTAINMENT 

----------------------------------------

You start like this. (SOB)

By Dragging the scoundrels into the open. Sunlight is a good sterilizer. Make sure every agent you know gets a frequent reminder and every community in which the builder is involved gets a geographically specific blog. And lets not overlook social media and all the review sites. (who has time for all that?)

Be sure to state this is a common and legal practice by Arbor Homes, but you want the public , who may be working with an agent, to be aware of the consequences of signing anything. You might even suggest a register name they should use...YOURS. So your point can be well made.

This is to PROTECT THE PUBLIC. Some agent buyer agreements state the client is liable for agent compensation if they buy a home and the compensation falls below the agents stated minimum. That another reason agents like yourself, should get these things signed. The buyer may very well exit that purchase contract with Arbor Homes. Give you some 'influence' with which to deal with the likes of ARBOR HOMES.

Of course you should consult your attorney for the proper structure and be prepared for the blow back and measure depth of your pockets.

PS: Never forget how you feel right now. Working for FREE.

This is a business, not a hobby.

Feb 02, 2018 01:29 PM
Rainer
67,742
Steve Penner
Royal LePage / Moneyledgers Software - Winnipeg, MB
REALTOR / Owner of Moneyledgers

ouch,  yet not surprised, typical in my market

Feb 02, 2018 01:01 PM
Rainmaker
5,506,548
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Move on to another opportunity and understand the terms.

Feb 02, 2018 12:30 PM
Rainmaker
576,889
Gloria Valvasori, Accredited Senior Agent
BETTER HOMES AND GARDENS REAL ESTATE SIGNATURE SERVICE - Mississauga, ON
REAL Experience | REAL Commitment | REAL Results!

I would read the fine print on their  "registration" document to see what it says.  

Feb 02, 2018 12:21 PM
Rainmaker
1,258,183
Valeria Mola
SIB Realty - Miami, Sunny Isles Beach - Sunny Isles Beach, FL
305-607-0709 SIB Realty Condos for Sale and Rent

Thank you. Good answers are here. 

Oct 08, 2018 09:34 AM
Rainmaker
1,697,578
Evelina Tsigelnitskaya
SIB Realty - Sunny Isles Beach, FL
www.SIBRealty.org 305-931-6931

Great answers are here.

Thank you.

Oct 08, 2018 09:34 AM
Rainmaker
4,160,435
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

During our Buyer's market, builders were doing that here too.  VERY frustrating! 

Feb 05, 2018 09:44 AM
Rainer
230,518
Mike Rock
Complete Design - Granite Bay, CA
Granite Bay Luxury New Construction...For Less

ask to see proof. and 90 days is not too far back. You were calling and not present? when did you start working with client? prior to first showing? after?  i think i would have not put the builders name here for public viewing (or members only)

Feb 03, 2018 11:14 AM
Rainmaker
1,264,022
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Sounds pretty standard for those companies.  I'd still talk directly with the builder.  Out here they are a little more willing to work with agents... but don' t hold your breath.

Feb 03, 2018 08:17 AM
Rainmaker
4,432,467
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

legal question

Feb 03, 2018 08:03 AM
Rainmaker
2,826,541
Kathleen Daniels
KD Realty - 408.972.1822 - San Jose, CA
San Jose Homes for Sale-Probate & Trust Specialist

Those are the general rules in my area.  Some will allow us to "register" their clients over the phone. I have them send me an email confirming. 

I've always been paid commission with new construction. We need to know the rules and follow them.  If the buyers first went into the development without you and registered, they do not see you as the procuring cause. That is why I tell my clients never ever ... don't ever go into new construction without me.  

Feb 03, 2018 08:03 AM
Rainmaker
745,275
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Do you have a Buyer Agency agreement with your buyers? If you do, I would think that registering with a builder would not constitute an agency relationship and your situation would win out. If you didn't bother with a  Buyer Agency agreement, you need to check your local laws to determine who's right.

Feb 03, 2018 07:15 AM
Rainmaker
4,797,822
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

This is pretty standard for builders.

Feb 03, 2018 07:00 AM
Rainer
5,645
Mark Perrine
Green Pocket Realty - Noblesville, IN
Sell. Save. Celebrate!

Update:  I notified our MLS with written evidence from Arbor Homes confirming that they will not honor the MLS Listing Agreement if the buyers had previosuly registered with them. 

Our MLS is alarmed and the Professional Standards person will be giving Arbor Homes a call next week. 

 

I was told by Professional Standards if this went to arbitration that I would win.  

 

Just an FYI to those who may encounter this situation.  Definetely contact your Professional Standards person and try to have everything in writing.

Feb 03, 2018 06:45 AM
Rainmaker
3,366,049
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Time for a converstion with his broker! A sale is a sale. They could not get it and now you have the opportunity. No resolve, file a complaint with the Board!

Feb 03, 2018 06:13 AM
Rainmaker
3,051,794
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

That disclosure would have to be listed in the MLS. It is short sighted for the builder and the agent to do this. They want to sell homes. Most builders build a commission already into the price and therefore would rather have a sale then save 3% and not have a sale. 

Feb 03, 2018 04:59 AM
Rainmaker
3,213,210
Nina Hollander
Coldwell Banker Residential Brokerage - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

There are builders with policies like that. It has nothing to do with their listing in MLS. You may need to collect your commission from your buyers...or they can tell the builder they are not buying unless he pays your commission.

Feb 03, 2018 04:42 AM
Ambassador
4,301,228
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Check with your MLS - this happens once in a while and buyers do this 'mistake'!

Feb 02, 2018 09:07 PM
Rainmaker
3,983,713
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

I wold complain but if it really get's you anywhere that is hard to say

Feb 02, 2018 08:30 PM
Rainmaker
1,434,509
Yolanda Cordova-Gilbert
Richmond, TX

I agree with Joe Pyror.

Feb 02, 2018 01:42 PM