Can you get paid for doing nothing???

By
Real Estate Sales Representative with Long and Foster

Can buyers agents get their commission if they don't work for it?  I had a call over the weekend from someone who is possibly going to purchase my listing that I've had on the market since October2007!  My contract with my seller will be running out on May 31st so I really want to get this one sold!  The issue I have is the buyer is from out of state and can only come down next weekend.  She told me the agent that she will be using has her weekends booked with open houses.  I showed the home yesterday to her mother who was in town on business and I'm sure that this is going to turn into a sale for my seller!  The buyer's agent has yet to call me and I'm just wondering , if this agent is not really helping her client and I'm doing her work, do I have to give the other agent the commission that is stated in the MLS?  I have been an agent for 1 year now and haven't run across this issue until now.  Have you ever had an issue such as this and how did you handle it?

Cheryl the soldier's wife

 

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Rainer
28,055
Chip Jefferson
Advanced Building LLC - Lexington, SC

If she has a buyers agreement you have too. If they wanted to use you and fired that agent in writing then maybe not. Its a fine line on this type of transaction.

May 19, 2008 06:02 AM #1
Rainmaker
155,748
Sonja Babic
Sonja Babic/PRIME Realty NC, LLC - New Bern, NC
New Bern NC, PRIME Realty NC, LLC

Sorry to tell you but it will depend on the buyer, I most certainly hope not as that is so unprofessional on the other agents part. How come buyers don't see that they are not receiving the service???

   Good luck!

May 19, 2008 06:02 AM #2
Rainer
339,851
Kris Wales
Keller Williams Realty - Lakeside Market Center - Macomb, MI
Real Estate Blog & Homes for Sale search site, Macomb County MI

Cheryl, you showed the home to the potential buyers mother, not the buyer.  The buyer has also stated that they have representation.  Just because the buyer cannot come down to view the home before the end of the month with her agent does not mean they are not doing the work for the buyer.  

If you're worried about having the home sell after your listing expires, ask your sellers for a 2 week extension to accomodate this new potential buyer.  Problem solved.

May 19, 2008 06:03 AM #3
Rainmaker
1,392,459
Sam Miller
RE/MAX Stars Realty - Howard, OH
Knox County Ohio

It is hard to say how much work this agent has done with her buyer prior to locating this home.  There is certainly more involved in selling a home than showing a buyer a home.  There is a lot of information that is not contained in this post such as the relationship between the buyer and their agent, how long that relationship has existed, maybe the agent has been actively working with their buyer for 6 months getting all their finances in order.  I like the idea of requesting a short extension so that you had adequate time to work out the details.  Either way...best of luck to you and your seller on the sale. 

May 19, 2008 06:13 AM #4
Rainer
149,514
Steve Homer
The HBH Group (Keller Williams affiliate) - Round Rock, TX

All the commenters are right on.  If there is a Buyer's Rep form in Texas, then that is iron clad.  You have to pay them or their broker will petition the local MLS and your Virginia state real estate regulatory agency to force you to pay - A big waste of your time and something that could damage your reputation with the local RE boards and other colleagues.  It isn't worth the extra little percent that you might be able to keep in my opinion - Just pay and move on to the next deal.  My $0.02, Steve

May 19, 2008 06:32 AM #5
Rainer
66,937
Rob Muller
ReMax Town & Country - Canton, GA
Cherokee County Real Estate

Yes- I agree with all the comments. If there is a buyers agreement, there is nothing you can do. Just be happy that your listing will sell for your client. I think writing an extension is a great idea.

May 19, 2008 06:59 AM #6
Rainer
11,028
Cheryl Lewis
Long and Foster - Virginia Beach, VA

Chip.  That's what I thought.   I just wanted to make sure.  My goal is to get this home sold for my seller!

Cheryl, the soldier's wife

May 19, 2008 07:22 AM #7
Rainer
11,028
Cheryl Lewis
Long and Foster - Virginia Beach, VA

Sonja, I'm not sure why, but I know I was with my buyers every step of the way..I thought that's what were being paid to do! 

Cheryl, the soldier's wife

May 19, 2008 07:24 AM #8
Rainer
11,028
Cheryl Lewis
Long and Foster - Virginia Beach, VA

Kris Wales,

Great point!  Hopefully, I will have an offer next weekend.  The mother was on the phone the entire viewing of the property with the daughter and her family and they seemed very excited!  I understand that the agent may have other commitments and might not be able to make it next weekend, but I think a call from the agent wouldn't take but a few minutes.  That would seem like the professional thing to do.

Cheryl, the soldier's wife

May 19, 2008 07:30 AM #9
Rainer
11,028
Cheryl Lewis
Long and Foster - Virginia Beach, VA

Sam, Like I was telling Kris, I understand what all goes into getting a buyer in the position to purchase a home and how long it may take to find them just what they are looking for.  I at least expect a phone call from this agent!  My main goal is to get this seller a sale!

Cheryl, the soldier's wife

May 19, 2008 07:32 AM #10
Rainer
11,028
Cheryl Lewis
Long and Foster - Virginia Beach, VA

Steve, I'm sure it works the same way here and surely don't want to go through all of that!  I'm very grateful to have a buyer come forward! Thanks for the advice!

Cheryl, the soldier's wife

May 19, 2008 07:35 AM #11
Rainer
11,028
Cheryl Lewis
Long and Foster - Virginia Beach, VA

Rob, I agree also!  I've already done an extension, but I think I will have a ratified contract next weekend!  Thanks for the support!

Cheryl, the soldier's wife

May 19, 2008 07:37 AM #12
Ambassador
1,818,776
Cindy Jones
Integrity Real Estate Group - Woodbridge, VA
Pentagon, Fort Belvoir & Quantico Real Estate News

Procurring cause is a deep and complicated process in Virginia.  Trust me I know as I had an agent who showed one of my clients a home and when I wrote the contract on the property she filed for procurring cause.  We had a hearing and she lost.  So remember that one showing does not make a committment.  The agent should have a backup who can show the property for her or hold an open house.  Our contracts provide for a time period beyond the listing for us to be covered if someone sees the property and then buys within x number of days.  If she is coming down and viewing the property before the listing expires even if she writes a contract a week later you should be covered.  Good luck!

May 19, 2008 07:40 AM #13
Rainer
11,028
Cheryl Lewis
Long and Foster - Virginia Beach, VA

Thank you Cindy!

Cheryl, the soldier's wife

May 19, 2008 12:24 PM #14
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Rainer
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Cheryl Lewis

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