Special offer
Peter Mohylsky, Beach Expert, Call me at 850-517-7098 (PMI. Destin)

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Rainmaker
1,543,843
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

Nothing to debate-The commission is non-negotiable once published in the MLS. My thought is simple: It's violating board rules (in CA) to do so and is not a legitimate counter.

 

Jul 21, 2018 02:09 PM
Ambassador
2,684,109
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

     Buyers and Sellers can ask for whatever they want. 

     But if the listing Broker offers you a coop fee in the MLS listing, that Listing Broker is legally bound to pay it to you at closing.  Otherwise they are in breach of the MLS (the MLS is a contractual agreement between Broker members of that MLS).

     On the other hand, if the MLS listing offers "zero" coop fees to Transaction Brokers, Buyer Brokers, or Non-Rep Brokers, then the Listing Broker isn't legally obligated to pay a Buyer's Broker anything.

   *This sounds like some old-school agent who never accepted the idea of Buyer Represenation.

Jul 21, 2018 02:37 PM
Rainer
289,607
Byron K . Jones
Coatesville, PA
List Today - Sold Tomorrow!

Correct me if i am Wrong....but whatever is in the MLS is the commission Period...all offer of changing commission have to be discussed before a Offer is submitted...(at least in Pa. it is) so even if the counter offer wants buyer to pay at  closing whatever is listed in the mls at time of the offer is what is paid...from the seller side..

Jul 21, 2018 01:36 PM
Rainmaker
5,104,931
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

That's a bit odd, since in mls it states how much commission will be paid to the buyer's agent. In reality, seller pays the commission, but as it's typically factored into the final price, it is the buyer who is paying the commission through the purchase price to some degree. Without a commission, seller might sell the home for less.

Jul 21, 2018 12:53 PM
Rainmaker
679,404
Diana Dahlberg
1 Month Realty - Pleasant Prairie, WI
Real Estate in Kenosha, WI since 1994 262-308-3563

All things are "negotiable" in real estate ... so I would first contact the Listing Agent to get more information and understanding ... and then you can always counter back.  Best Wishes on this one Peter Mohylsky 

Jul 21, 2018 01:09 PM
Rainmaker
1,209,215
Amanda Christiansen
Christiansen Group Realty (260)704-0843 - Fort Wayne, IN
Christiansen Group Realty

Why let it bother you?  If it's on a counter offer the selling agent isn't insisting, but asking the buyer to pay the buyer's agent commission.  

Obviously you have to submit the counter to your buyer, but maybe a conversation with the seller's agent asking for an explanation of what the story is with their odd request.  

It sounds to me like the seller may be tighter on funds than they thought and their agent threw out this idea.  I'd get clear on what is really going on and figure out a different way to get this through.  It's all a numbers game and there are many solutions to each problem.  

Best of luck!  

Jul 21, 2018 12:53 PM
Ambassador
6,393,609
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Was the counter from the seller or the sellers agent?

Jul 21, 2018 06:08 PM
Rainmaker
660,906
Steffy Hristova
HomeSmart Elite Group Tempe AZ Tel: 602.710.8161 - Tempe, AZ
Tempe AZ Realtor - Your Home Close to Your Work!

As Anna Banana Kruchten CRB, CRS 602-380-4886 stated it's a moot point. Buyer Broker commission cannot be in the contract because the Buyer Broker is not a party of the contract. The agreement must be separate and between the two brokerages, with signatures by the DBs.

Jul 21, 2018 04:43 PM
Rainmaker
2,781,283
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Greed....

Jul 21, 2018 02:30 PM
Rainmaker
5,583,278
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

the listing agent needs to pay you the percentage that's stated in MLS.... the listing agent does not dictate who pays you.... the seller pays the listing office and the listing office pays you whatever fee was agreed upon by the seller and listing agent....

Jul 21, 2018 02:26 PM
Rainer
3,390
Steve Booth
HomeSmart - Chandler, AZ
Realtor serving the East Valley and Scottsdale.

I would take a closer look at your MLS rules. A better ask might be for the buyer to increase their offer to cover the co-broke.

Interesting scenario, Thanks!

Jul 21, 2018 02:16 PM
Rainer
378,517
Don Baker
Lane Realty - Eatonton, GA
Lake Sinclair Specialist

depends on what the MLS says.

Jul 21, 2018 01:40 PM
Rainmaker
564,494
Maria Sapio
Keller Williams of Central PA - Carlisle, PA
Real Estate Agent- Carlisle, PA. Mariasapio.com

"Interesting twist" indeed ...  

Jul 21, 2018 01:39 PM
Rainmaker
343,050
Mott Marvin Kornicki
Waterway Realtors® • Notary Public & Apostille - Sunny Isles, FL
Miami Notary & Apostille 786-229-7999

The listing agreement and MLS offering should have that provision. Maybe the seller feels that the offer is too low and wants to shift the commission onto the buyer.

Jul 21, 2018 12:56 PM
Rainmaker
7,836,431
Roy Kelley
Retired - Gaithersburg, MD

Submit your counter offer.

Jul 21, 2018 12:56 PM
Ambassador
5,230,142
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

The fee is due from the listing broker, as stated in MLS. (I hope you printed the MLS for proof - in fact, I do this every single time, not just when the commission is in question). 

I recently represented a federal court judge who had an experience with a seller who tried to negotiate commission terms. YES, either party can negotiate those terms but, regardless of that, the fact remains that the listing broker OWES whatever is stated in MLS. Period. 

Jul 21, 2018 06:40 PM
Rainmaker
2,220,654
Anthony Acosta - ALLATLANTAcondos.com
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

If they are offering a commission in MLS, the seller will be paying the commission advertised. End of story.

Jul 21, 2018 05:04 PM
Ambassador
3,587,960
Anna "Banana" Kruchten
HomeSmart Real Estate - Phoenix, AZ
602-380-4886

Moot point. If it was offered in MLS it is what is . Interesting that an agent would even think this would fly.....

Jul 21, 2018 04:20 PM
Rainmaker
1,311,397
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

The buyer can pay his agent but the mls says the listing agent has to pay the buyer's agent. If you cannot utilize a buyer/broker agreement to suit this situation, it is possible to construct an agreement to accomplish what the seller wants in order to avoid misunderstanding and disagreement going forward. Consult your broker or attorney for suitable wordsmithing.

Jul 21, 2018 04:01 PM
Rainmaker
3,416,038
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

Once published in MLS, the listing agent can not just withdraw it. I have had this brought up but all have failed. When i am on the listing side, i discuss this with sellers who ask and simply increase the price to the buyer which covers the buyer agent fee.

Jul 21, 2018 03:27 PM
Rainmaker
1,844,301
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

What does the listing sheet say? Can't go back on that now. It is not a twist - it's an agent that doesn't know her job.

I can't believe some of these answers! Better bone up with your broker on things like this.

Jul 21, 2018 03:18 PM
Rainmaker
911,338
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

Can't do it. Counter that sellers will pay buyers agent 6%.

Jul 21, 2018 02:00 PM
Rainer
509,449
Susie Kay
Ultra Real Estate Dallas Fort Worth - Plano, TX
North Dallas Specialist

Is this a multiple offer situation? It all boils down to whether buyer really wants this home.  In a mutiple offer situation I can see how the seller pushes everything to the buyer.  Buyer doesn't have to agree to this. 

Jul 21, 2018 01:54 PM
Rainmaker
711,852
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

Very interesting. In our MLS, the listing brokerage is obligated to pay the advertised buyer's agent commission. If we have a contradictory agreement shown in the purchase agreement, that would take precedence.

Jul 21, 2018 08:25 PM
Rainmaker
4,572,439
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Anyone can ask for anything but the likelihood of success for the offeror may be subject of additional discussion. 

Jul 21, 2018 07:29 PM
Rainmaker
809,258
Kasey & John Boles
Jon Gosche Real Estate, LLC - BoiseMeridianRealEstate.com - Boise, ID
Boise & Meridian, ID Ada/Canyon/Gem/Boise Counties

What does the MLS co-op fee state and what are your MLS rules on cooperation? -Kasey

Jul 21, 2018 04:44 PM
Rainmaker
921,504
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

As much as your argument is sound the reality is when BUYER agents and franchises and brokers started offering REBATES the 'idea of seller paying that cost' was upended.

The seller DOES want to pay the agents involved, HOME SELLER/OWNERS DO NOT WANT TO PAY THE BUYER.

Since the long standing tradition has already been broken, buyers and sellers should pay directly the agent they hire. Now that what I would call TRANSPARENT!

Now about those brokers......

Jul 21, 2018 01:51 PM
Rainmaker
3,626,530
James Dray
Fathom Realty - Bentonville, AR

What negotiating?  The commission has to be honored via MLS listing.  

Jul 22, 2018 04:01 AM
Rainmaker
4,319,419
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Peter Mohylsky - not something that I'd like or digest. Not sure though what action will I take against this agent.

Jul 21, 2018 11:13 PM
Rainmaker
1,196,798
Doug Dawes
Keller Williams Evolution - 447 Boston Street, Suite #5, Topsfield, MA - Topsfield, MA
Your Personal Realtor®

The seller's agent can request what they want. What does the MLS listing say the compensation is? 

Jul 21, 2018 09:59 PM
Rainmaker
3,988,007
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

The cooperative agreement thorugh MLS's is a compensation agreement to pay XXX to an agent for a successful sale and the negotiations on commission must be done before showing and before an offer is presented (COE).

Jul 21, 2018 08:53 PM
Rainmaker
1,503,008
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

I had a buyer's agent specify a commission rate to them in a contract recently which is illegal in California... in the offer form.  This can be done with the cooperating broker compensation form, but it's outside of the purchase contract and needs to be done before the offer is sent in.

Jul 21, 2018 07:56 PM
Rainmaker
1,598,452
Valeria Mola
SIB Realty - Miami, Sunny Isles Beach - Sunny Isles Beach, FL
305-607-0709 SIB Realty Condos for Sale and Rent

Interesting. 

What about the price? Did they deduct commission from the price?

Jul 21, 2018 06:03 PM
Rainmaker
2,390,630
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

It happens. I've done it myself Peter Mohylsky . It all depends on the offer in whole.

Jul 21, 2018 04:23 PM
Rainmaker
716,049
Richard Bazinet /MBA, CRS, ABR
West USA Realty - Scottsdale, AZ
Phoenix Scottsdale. Sellers, Buyers & Relocations

Interesting. But the seller agent can't make that request (in AZ).  In fact, it's in violation of several rules, of which many carry consequences and some fines, even perhaps a suspension of his/her license. For starters,

1. The co-broke in the MLS is a blanket contract which obligates payment by the listing brokerage to pay the commission to the selling brokerage as it reads in the MLS;

2. It is a rule by the Dept of real estate that contracts and commissions cannot be negotiated in the same breadth, and that one is not realted to the other;

3. There is a listing agreement (read legal contract) between the listing  agent brokerage obligating the seller to pay not only the listing brokerage but also the selling brokerage.

The listing agent is now in big trouble over this. I would report this with evidence of the wrongdoing, and hopefully put his/her license in jeopardy.

Jul 22, 2018 07:23 AM
Rainmaker
5,772,575
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Peter,

We agree with Thomas J. Nelson, Realtor, ePRO, CRS, RCS-D .  Wishing you all the best.  A

Jul 21, 2018 03:09 PM
Rainmaker
152,204
Aida Pinto
Independent Real Estate Broker - Los Angeles, CA
Real Estate Broker (562) 884-6196

Peter you are incensed by the idea that the seller would ask the buyer to pay for the commission because our entire business is build around the idea that the seller pays the commission....I once had a listing were the BUYER offered to pay all the closing cost just so he can get the property.  Of course, there were 40 offers so the seller had lots to choose from.  The seller accepted the offer that netted her the most, obviously.  I've always have operated on the premise that EVERYTHING  in real estate IS negotiable.  I don't know what area you are in but if this was my deal, I would just ask my client and let them decided if they what to pay my  commission.  I see nothing wrong by this, unless your buyer made a full-price offer with no contingencies, then that is a whole different story. 

Jul 22, 2018 06:14 PM
Rainmaker
2,071,025
Evelina Tsigelnitskaya
SIB Realty - Sunny Isles Beach, FL

Interesting situation. Some informaion is missing. 

Jul 22, 2018 05:13 PM
Rainer
427,267
J.R. Schloemer
Kentucky Select Properties - Louisville, KY

Technically speaking the offer/counteroffer are between the seller and the buyer. The agents have no business with the this contract. The contract between the seller and the LA is where the fee was already established at the time of contract acceptance & agreement. I believe this needs an attorney to review and advise on proceeding, especially when you get to the closing table and find out the LA is receiving x+1.

Jul 22, 2018 01:13 PM
Rainmaker
450,126
Dana Hollish Hill
Hollish Hill Group, JPAR Stellar Living - Bethesda, MD
REALTOR * Broker * Coach

It's a violation of NAR's code of ethics for the parties of the contract  (buyer and seller) to write in anything about how outside parties will work together. 

And once a property is listed in the MLS with a co-op fee, that is the fee. If they try to change it after you submit the offer, have your broker call the other broker. Not honoring the co-op fee in the MLS is grounds for that brokerage to be removed from the MLS.

Jul 22, 2018 01:00 PM
Rainmaker
1,712,676
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

I would be displeased.

Jul 22, 2018 10:16 AM
Ambassador
3,345,091
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

I would be digging deep into why when the MLS offers a co-broke.  The more information I have the better I can inform and help my client.

Jul 22, 2018 08:33 AM
Rainmaker
1,556,633
Gary Frimann, CRS, GRI, SRES
Eagle Ridge Realty / Signature Homes & Estates - Gilroy, CA
REALTOR and Broker

There is a new brokerage in town that is trying this.  I totally disagree with it, as most buyers need the money for the down (or at least prefer to use their money this way).   Everybody tried to keep reinventing the wheel.  The new beokerage is run by a non-licensee as President and CIO is also a non-licensee.  They don't post on the MLS, but I get a tone of their ads on FB posts.  They do have a broker of record, but the main brains behind it are not licensees.  They just claim that they paid too much in commissions when they recently sold their house so they want a "better" option for home sellers.

Jul 22, 2018 07:34 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

Parked and reading

Jul 22, 2018 07:14 AM
Rainmaker
5,217,359
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Not in any MLS I have belonged to! Raise the price to cover whatever you need to meet the net!

Jul 22, 2018 06:58 AM
Rainmaker
577,750
Gloria Valvasori, Accredited Senior Agent
BETTER HOMES AND GARDENS REAL ESTATE SIGNATURE SERVICE - Mississauga, ON
REAL Experience | REAL Commitment | REAL Results!

There is no negotiation required.  If the MLS listing says the cooperating agent gets x.x% commission, then the brokerage has to honour that.  All parties must sign a Confirmation of Cooperation and Representation here in the Toronto area.   It discloses who is representing whom,  that the listing agent is represneting the Seller, and the Buyer's agent is representing the Buy and will get paid x.x% from the Listing Brokerage.

Jul 22, 2018 06:57 AM
Rainmaker
4,883,260
Richard Weeks
Dallas, TX
REALTOR®, Broker

In life it is not what you deserve, it's what you negotiate.  Maybe the business should be built around the idea that the buyer will pay what the seller list the house for?

Jul 22, 2018 06:39 AM
Rainmaker
4,800,082
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I think this could be questioned for legality.

Jul 22, 2018 06:01 AM
Rainmaker
5,868,565
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

We have seen some pretty creative ways to "win the bid", but not this one.

Jul 25, 2018 07:23 AM
Rainmaker
3,986,258
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Teh seller is already paying the commission by the agent co-oping

Jul 24, 2018 06:33 PM
Rainmaker
4,434,127
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Seller pays based on listing contract and mls 

Jul 23, 2018 03:43 PM
Rainmaker
1,197,545
Peter Mohylsky, Beach Expert
PMI. Destin - Miramar Beach, FL
Call me at 850-517-7098

Thanks all for the opinions.  It is becoming a moot point now,  my buyer has gone cold and won't answer the phone.  I agree.  The MLS is the bible here and the seller owes as he agreed to pay.  

Jul 23, 2018 03:13 PM
Rainmaker
4,936,716
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Wow, that would be different

 

Jul 23, 2018 12:31 PM