5,224,095
I have - it's not something that I was thrilled about doing but, my client actually wrote it into the Contract. Basically, I had addressed it with the agent first and it was a discount broker who would not approach the Seller. The seller insisted that it be added to the Contract.
The Buyer, who happens to be a federal judge, said that there is no way that a Buyer who has agreed to pay X% to his agent, can't ask the Seller to pay, that amount! "EVERYTHING is negotiable and they're not going to tell me it's not!"
After a long conversation with the REC, it was added to the Contract and the Seller did pay. His being a federal judge gave him more credibility with the REC...and the Seller, I think!
-
Sally Lawrence
Tehachapi, CA
-
Inna Ivchenko
Encino, CA
-
Steve Higgins
Kelowna, BC
-
Kris Collis, Associate...
East Stroudsburg, PA
-
Kathleen Daniels, Prob...
San Jose, CA
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Nina Hollander, Broker
Charlotte, NC
-
Richard Weeks
Dallas, TX
-
Michael Jacobs
Pasadena, CA
-
Brian L. Sirota, Esq.
Orange, CA
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Lynnea Miller
Bend, OR
710,515
Several years ago a local agent decided he was going to change the industry by not offering any commission to the buyer's agent and market himself this way. This was all put in MLS and of course, any buyer who wanted to see the listing was told by the agent that the listing agent was not offering any commission. All agents started writing in the offer that the seller would pay the buyer's agent the "normal" commission which was almost alway offered in our market (they wrote the figure in). The sellers ended up paying the buyer's agent's commission and that listing agent is no longer working in our market ( I do not know why) .
-
Inna Ivchenko
Encino, CA
-
Kris Collis, Associate...
East Stroudsburg, PA
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Richard Bazinet /MBA, ...
Scottsdale, AZ
-
Nina Hollander, Broker
Charlotte, NC
-
Debe Maxwell, CRS
Charlotte, NC
-
Michael Jacobs
Pasadena, CA
-
Brian L. Sirota, Esq.
Orange, CA
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Candice A. Donofrio
Fort Mohave, AZ
3,343,466
First Question: No, I have not.
Second Question: Not negotiate. They just put the demand into escrow for a higher amount than what was offered in the MLS. Balls said the Queen. If I had them I'd be King.
Third Question: I doubt it yet it likely would not get very far. Hard to say - it has not happened. My clients offer competitive compensation.
Fourth Question: It depends. I might address it with the seller. See above. I cannot see a reason to go higher than what is offered.
Bonus Comment for extra points: I like to keep open to possibilities.
-
Kris Collis, Associate...
East Stroudsburg, PA
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Nina Hollander, Broker
Charlotte, NC
-
Richard Weeks
Dallas, TX
-
Michael Jacobs
Pasadena, CA
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Debe Maxwell, CRS
Charlotte, NC
-
Joseph Domino 480-390-...
Scottsdale, AZ
-
Brian L. Sirota, Esq.
Orange, CA
910,278
No and No. If you don't like what's posted in MLS, either don't show it, or negotiate with your buyer to pay a certain %. Commercial is different.
-
Kris Collis, Associate...
East Stroudsburg, PA
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Candice A. Donofrio
Fort Mohave, AZ
-
Nina Hollander, Broker
Charlotte, NC
-
Michael Jacobs
Pasadena, CA
-
Brian L. Sirota, Esq.
Orange, CA
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Debe Maxwell, CRS
Charlotte, NC
3,120,759
Good question Brian. Yes, a buyer's agent said he'd bring an offer -only- if he received more than the offered amount on the MLS. Told him to write the offer and we could discuss it at that time. Offer never came in! An agent can try to negotiate but it doesn't mean it will happen.
-
Steve Higgins
Kelowna, BC
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Lyn Sims
Schaumburg, IL
-
Nina Hollander, Broker
Charlotte, NC
-
Debe Maxwell, CRS
Charlotte, NC
-
Candice A. Donofrio
Fort Mohave, AZ
-
Brian L. Sirota, Esq.
Orange, CA
507,113
I have never asked a listing agent for more than advertised.
But, I have had several occasions where Buyer's Agents complained, threatened or withdrew offers that were below what they thought they should be.
I have even had agents write it into the contract, which led to a counter offer or rejection.
It is important to understand as a listing agent my job is to follow the Seller's instructions. Our listing agreement spells out the commission split, so it is not necessarily my choice.
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Nina Hollander, Broker
Charlotte, NC
-
Michael Jacobs
Pasadena, CA
-
Brian L. Sirota, Esq.
Orange, CA
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Candice A. Donofrio
Fort Mohave, AZ
-
Debe Maxwell, CRS
Charlotte, NC
2,180,305
It must be done before an Agent merely schedules an appointment to show the Listing. Anything after that will be considered a COE violation ( SOP 16-16 ) - Article 16
-
Sally Lawrence
Tehachapi, CA
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Bob "RealMan" Timm
Minot, ND
-
Brian L. Sirota, Esq.
Orange, CA
-
Michael Jacobs
Pasadena, CA
-
Doug Dawes
Topsfield, MA
-
Candice A. Donofrio
Fort Mohave, AZ
2,430,413
It's totally acceptable (here) for a buyer to make his/her agent's commission a part of their offer. It's not appropriate for the buyer AGENT to ask the listing AGENT for more since the seller is the one paying the commission. But the buyer could certainly ask the seller.
And the request does not mean the seller would take the increased amount from the listing agent's commission! That's already been agreed to between the seller and his agent. It means the seller has another cost that he needs to consider as part of the offer that was presented.
If I had a listing, and a buyer's offer came in with a request for a higher commission amount for the buyer's agent, I'd certaintly explain what that meant to the seller. The seller is the one that would entertain that request and would decide whether or not to entertain it - NOT the listing agent.
-
Eve Alexander
Tampa, FL
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Brian L. Sirota, Esq.
Orange, CA
-
Michael Jacobs
Pasadena, CA
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Debe Maxwell, CRS
Charlotte, NC
1,501,618
1) No, I accept what is offered.
2) Yes I have. Twice.
3) Yes I do.
4) Not unless they either 1) did a Cooperating Broker's Compensation ("CBC") form and presented it before the offer was presented.
Detailed answer:
It has happened to me twice in as many years. Both times it was done incorrectly and in violation of the law (included in the offer or with a one-party listing agreement... on an off market (but listed) home that was days away from finishing rennovations and had a sign in the yard and everything). I do find it objectionable, since the attempts I've seen have been to take part of my commission. If the seller gives me a pie and I offer to split it with you and you want more pie, where does that extra pie come from? Is there a magical "pie fairy" that adds to the pie for everyone, no! That extra slice has to come out of my part of the pie.
-
Michael Jacobs
Pasadena, CA
-
Kris Collis, Associate...
East Stroudsburg, PA
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Candice A. Donofrio
Fort Mohave, AZ
-
Debe Maxwell, CRS
Charlotte, NC
-
Nina Hollander, Broker
Charlotte, NC
1,306,062
I have never attempted such a change through an purchase offer. It is against our mls rules and opens the agent making such an attempt to a grievance complaint.
It is possible to attempt to negotiate a commission amount that was offered through the mls prior to submitting an offer but not as part of the offer.
-
Sally Lawrence
Tehachapi, CA
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Michael Jacobs
Pasadena, CA
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Brian L. Sirota, Esq.
Orange, CA
-
Ryan Huggins - Thousan...
Thousand Oaks, CA
4,566,354
Brian - An interesting question and as usual many of the answers offer an opportunity to observe/learn.
-
Steve Higgins
Kelowna, BC
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Nina Hollander, Broker
Charlotte, NC
-
Richard Weeks
Dallas, TX
-
Brian L. Sirota, Esq.
Orange, CA
-
Debe Maxwell, CRS
Charlotte, NC
6,380,446
We have one firm in town that is upset about KW coming to town and refuses to honor the split that is published on the mls, so each offer that our buyers make on one of their listings must include a special clause forcing them to pay the selling agent their mls published rate.
-
Kris Collis, Associate...
East Stroudsburg, PA
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Candice A. Donofrio
Fort Mohave, AZ
-
Michael Jacobs
Pasadena, CA
-
Brian L. Sirota, Esq.
Orange, CA
-
Wanda Kubat-Nerdin - W...
St. George, UT
1,050,315
1. Nope. it is what it is.
2. Yep. I've told this tale before. Agent says he has a buyer but the buyer has his agent in Chicago, what's his split. X%. Well that's MY split, are we gonna give him some of ours? You can enrich the entire state of IL from YOUR end if you want, but that's what you got to work with. SMH!
3. Annoying AF.
4. Nope. It's Popeye. It yam what it yam. You want more, get it from your client.
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Lyn Sims
Schaumburg, IL
-
Richard Weeks
Dallas, TX
-
Michael Jacobs
Pasadena, CA
-
Brian L. Sirota, Esq.
Orange, CA
-
Wanda Kubat-Nerdin - W...
St. George, UT
1,194,466
I've seen this happen occasionally. I don't find it objectional as long as they understand NO
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Steve Higgins
Kelowna, BC
-
Brian L. Sirota, Esq.
Orange, CA
-
Michael Jacobs
Pasadena, CA
-
Bob "RealMan" Timm
Minot, ND
-
Doug Dawes
Topsfield, MA
1,842,961
I have tried & others have tried. What is important is to do it before you show it.
-
Brian L. Sirota, Esq.
Orange, CA
-
Michael Jacobs
Pasadena, CA
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Candice A. Donofrio
Fort Mohave, AZ
-
Debe Maxwell, CRS
Charlotte, NC
5,102,824
Yes, I have. There is an agent in town who charges 9% and offers 2.5% to the selling agent. We all know that. I always insist on more than 3%. I get it and I know other agents who ask get it as well.
No one has ever tried to negotiate a commission I've offered in MLS. Maybe that's because I don't try to "stiff" the selling agent.
-
Brian L. Sirota, Esq.
Orange, CA
-
Michael Jacobs
Pasadena, CA
-
Kris Collis, Associate...
East Stroudsburg, PA
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Richard Weeks
Dallas, TX
1,193,135
No, never. What is the root behind your question?
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Michael Jacobs
Pasadena, CA
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Debe Maxwell, CRS
Charlotte, NC
-
Nina Hollander, Broker
Charlotte, NC
4,872,859
1 no
2 no
3 you don't get what you deserve, you get what you negotiate.
-
Brian L. Sirota, Esq.
Orange, CA
-
Michael Jacobs
Pasadena, CA
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Debe Maxwell, CRS
Charlotte, NC
-
Nina Hollander, Broker
Charlotte, NC
5,044,753
No I haven't. And I haven't seen this as a listing agent. My understanding is that it's against our MLS rules to try to change the offer of commission. But something worth verifying.
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Michael Jacobs
Pasadena, CA
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Nina Hollander, Broker
Charlotte, NC
-
Brian L. Sirota, Esq.
Orange, CA
7,822,429
Nope.
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Michael Jacobs
Pasadena, CA
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Brian L. Sirota, Esq.
Orange, CA
-
Debe Maxwell, CRS
Charlotte, NC
804,829
Yes, I write in my full commission when dealing with the discount Brokerages.
No, I haven't as I pay 50% commission to buyers agent when listing a home.
Yes, I would if they expected me to give up some of my commission, since commission is a 50/50 split. If we both are giving up some of our commission to get the deal done, I am fine with that.
They would have to make a pretty good case for me to entertain that thought.
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Debe Maxwell, CRS
Charlotte, NC
-
Michael Jacobs
Pasadena, CA
-
Brian L. Sirota, Esq.
Orange, CA
-
Wanda Kubat-Nerdin - W...
St. George, UT
2,779,653
I had a buyers agent ask for more because I offered less. Saying that my thinking was if an agent brings me a good deal they can have their reward. In hindsight I didn't like this approach and just pay for services...
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Debe Maxwell, CRS
Charlotte, NC
-
Michael Jacobs
Pasadena, CA
-
Brian L. Sirota, Esq.
Orange, CA
-
Wanda Kubat-Nerdin - W...
St. George, UT
5,772,470
No, and no on your second question. A
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Nina Hollander, Broker
Charlotte, NC
-
Michael Jacobs
Pasadena, CA
-
Brian L. Sirota, Esq.
Orange, CA
-
Wanda Kubat-Nerdin - W...
St. George, UT
899,018
I have not been in that situation, but I have seen a listing agent lowering the commission mid stream to make the deal work for the seller when I was the buyer agent. Luckily, I saved a copy of the original listing to show the original, agreed-upon co-broke commission and that prevailed.
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Brian L. Sirota, Esq.
Orange, CA
-
Michael Jacobs
Pasadena, CA
-
Bob "RealMan" Timm
Minot, ND
-
Doug Dawes
Topsfield, MA
2,385,963
#1) Nope.
#2) Yes.
#3) Yes.
If an agent objects to a stated commission then they are looking out for their best interests NOT their CLIENTS best interests Brian L. Sirota, Esq.
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Steve Higgins
Kelowna, BC
-
Brian L. Sirota, Esq.
Orange, CA
-
Michael Jacobs
Pasadena, CA
-
Doug Dawes
Topsfield, MA
5,583,278
when we are on the buying side, we accept what mls states for the cooperating fee....
and we will NOT negotiate when we are on the listing side....we pay a fair buyer's agent fee.....
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Brian L. Sirota, Esq.
Orange, CA
-
Michael Jacobs
Pasadena, CA
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
5,205,857
1. No 2. Yes, the offering is the offering 3. No in almost every situation!
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Michael Jacobs
Pasadena, CA
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Debe Maxwell, CRS
Charlotte, NC
3,416,011
As a buyers agent i will ask if they are splitting 50/50 before i show the home. On the listing side. I offer a buyer side fee based on what the seller is paying me. The buyer agent can ask for anything, but it doesnt mean the seller will pay them a higher fee
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Michael Jacobs
Pasadena, CA
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
-
Debe Maxwell, CRS
Charlotte, NC
3,162,964
for something in the MLS, no. The only time I have negotiated my commission in the contract is for unlisted property. Closing on one of those today. I'm getting 3%.
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Brian L. Sirota, Esq.
Orange, CA
-
Bob "RealMan" Timm
Minot, ND
-
Michael Jacobs
Pasadena, CA
2,219,942
Yes
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Michael Jacobs
Pasadena, CA
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
716,049
Yes, I do it from time to time as a buyer agent. Especially in specific situations where the brokerage or team is well known not to play fair (in in many cases the seller is not aware either).
As a listing agent, I'm ok with a buyer agent calling to negotiate the co-broke anytime. I love to negotiate and make win-win deals.
-
Brian L. Sirota, Esq.
Orange, CA
-
Michael Jacobs
Pasadena, CA
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
921,504
Without going verbose,
I think such a trend is necessary in the industry.
Buyer should pay their agent directly.
Seller should pay their agent directly.
Every agent alters the other agents compensation by passing on fees their predatory broker imposes. And lets not forget cuts to relocation companies, team, broker, lead gen companies and the referral fees from other agents. We are overdue for a change.
Buyers don't have any money is nonsense.
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Brian L. Sirota, Esq.
Orange, CA
-
Doug Dawes
Topsfield, MA
-
Bob "RealMan" Timm
Minot, ND
3,586,151
Yes it has happened as the LA. There must be a very VERY good reason why I'd even consider agreeing (in writing and outside the contract) to a commission going up. But hey if they want less I'm fine with that!
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Bob "RealMan" Timm
Minot, ND
-
Michael Jacobs
Pasadena, CA
2,669,166
I was told by several Calif. brokers, instructors and attorneys years ago that the buyer broker/agent cannot legally try to re-negotiate the commission.
The listing ageement is between seller and listing agent, not buyer nor buyer agent.
-
Jay McHugh
Acton, MA
1,621,596
As a buyer agent I had my client to pay extra to my broker. As a listing agent i always make sure that a selling agent gets min 2.5%( customary in my area). Unfortunately, these days keep bridging a lot of rebates and discounts among agents and principals. So many new desperate hungry licensees entered the L.A. biz....
-
Bob "RealMan" Timm
Minot, ND
5,862,877
We have a discount broker in Denver that puts a flat fee as cooperation, and in broker remarks, states agents can put into the B & S contract buyer requests more commission for the buyer's agent.
584,211
I have had that happen, I'm free to say no. I may or may not entertain a reduction in commission depending on many factors. Bottom line, I love what I do but I do it to earn a living and I don't give up my money easily and without much consideration. I once gave up $750 commission on a $17,000 commission and so did the listing agent to make the deal work. That was no big deal. I was asked to give up $5000 because the listing agent didn't explain the contract regarding seller concessions to the seller property. Commission was $6000. I said no. We closed per the contract and MLS compensation but the listing agent credited the seller $5000 at closing.
459,963
Yes, just last week. The MLS offered 1 %. I called and spoke to someone who said show it and write what you want in the offer. I said NO that is not the way it works. You MUST negotiate any commission PRIOR to showing a home. Once you cross the threshold with a buyer, you are stuck with the MLS offering.
The Broker called the seller and the seller said yes, so we toured the home.
Yes, I am in deal now where the Buyer is mine and paying the commission on a transaction. Seller is non-represented.
I have seen several Discount Brokers in the MLS offering as little as $100 and 1% is not becoming popular and I always call if I have a buyer interested. I do not mind working for a reduced commission but will not work for free.
Yes, I offer more to buyers agent if I list a home at a discounted rate. I take that hit not the other Agent.
370,200
I place my fee up front with the buyer....if the co-broke fee is less, the buyer pays us outside the closing... Therefore, NO, I never tried nor would I interfere with a listing agent's contract.
I would not negotiate my commission and have experienced with weak agents attempt to do so and the answer is NO!
4,924,982
1,598,452
4,272,536
I have when, in my estimation, the selling office commission is extremely low. This is covered in our Buyer-Broker agreement and is with written permission of my Buyer....