Brian L. Sirota, Esq., For Solutions:  (714) 501-7660 (Bristar Realty  (Realtor/Attorney))

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Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
Charlotte Homes for Sale - Charlotte Neighborhoods

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!

Jul 14, 2019 04:16 PM
Rainmaker
408,142
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

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) .

Jul 14, 2019 04:23 PM
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Kathleen Daniels
KD Realty - 408.972.1822 - San Jose, CA
San Jose Homes for Sale-Probate & Trust Specialist

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. 

Jul 14, 2019 03:24 PM
Rainmaker
749,340
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

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.

Jul 14, 2019 04:15 PM
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Wanda Kubat-Nerdin - Wanda Can!
Prado Real Estate South - St. George, UT
So Utah Residential, Referral & Relocation REALTOR

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.

Jul 14, 2019 06:04 PM
Rainmaker
221,699
Joseph Domino 480-390-6011
HomeSmart - Scottsdale, AZ
Real Estate Made Easy

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.

Jul 14, 2019 04:11 PM
Rainmaker
1,838,240
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

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

Jul 15, 2019 07:04 AM
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1,445,781
Kat Palmiotti
406-270-3667 (MT), 914-419-0270 (NY), Broker in NY with Grand Lux Realty and in MT with (coming soon!) - Kalispell, MT
The House Kat

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.

 

Jul 15, 2019 03:20 AM
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1,246,577
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

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.

Jul 14, 2019 09:54 PM
Rainmaker
688,950
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

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.

Jul 14, 2019 07:47 PM
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3,358,880
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

Brian - An interesting question and as usual many of the answers offer an opportunity to observe/learn.  

Jul 14, 2019 07:25 PM
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Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

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.

Jul 14, 2019 06:02 PM
Rainmaker
718,993
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

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.

Jul 14, 2019 05:04 PM
Rainmaker
775,785
Doug Dawes
Keller Williams Realty - Topsfield, MA - Georgetown, MA
Your Personal Realtor®

I've seen this happen occasionally. I don't find it objectional as long as they understand NO

Jul 15, 2019 07:34 AM
Rainmaker
1,542,870
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg IL Real Estate

I have tried & others have tried. What is important is to do it before you show it. 

Jul 15, 2019 05:22 AM
Rainmaker
3,128,134
Nina Hollander
Coldwell Banker Residential Brokerage - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

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.

Jul 15, 2019 04:39 AM
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590,572
Peter Mohylsky
PrimeSouth Properties - Santa Rosa Beach, FL
Let me help you find your path to the beach.

No, never.  What is the root behind your question?

Jul 15, 2019 04:18 AM
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3,047,930
Richard Weeks
Dallas, TX
REALTOR®, Broker

1 no

2 no

3 you don't get what you deserve, you get what you negotiate.

Jul 15, 2019 02:45 AM
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Jeff Dowler, CRS
Solutions Real Estate - Carlsbad, CA
The Southern California Relocation Dude

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.

Jul 14, 2019 08:15 PM
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5,421,324
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Nope.

Jul 14, 2019 06:13 PM
Rainmaker
572,557
Steve Higgins
RE/MAX Kelowna - Kelowna, BC

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.

Jul 14, 2019 05:54 PM
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2,463,594
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

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...

Jul 14, 2019 05:37 PM
Rainmaker
4,485,409
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

No, and no on your second question.  A

Jul 14, 2019 04:19 PM
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737,460
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

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.

Jul 15, 2019 06:38 AM
Rainmaker
1,620,132
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co. Notary Services, retired Realtor

#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. 

Jul 15, 2019 06:31 AM
Rainmaker
5,032,928
Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
Marketing Agent for The Todaro Team

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.....

Jul 15, 2019 06:14 AM
Rainmaker
3,298,877
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

1. No 2. Yes, the offering is the offering 3. No in almost every situation!

Jul 15, 2019 04:31 AM
Rainmaker
3,019,696
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

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

Jul 15, 2019 04:09 AM
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Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

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%.

Jul 15, 2019 08:29 AM
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Anthony Acosta - ALLATLANTACONDOS.COM
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

Yes

Jul 15, 2019 05:51 AM
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705,051
Richard Bazinet /MBA, CRS, ABR
West USA Realty - Scottsdale, AZ
Phoenix Scottsdale. Sellers, Buyers & Relocations

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.

Jul 15, 2019 05:46 AM
Rainmaker
766,871
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

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.

Jul 15, 2019 04:40 AM
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Anna Banana Kruchten - Phoenix Homes Sales
Phoenix Property Shoppe - Phoenix, AZ
603-380-4886

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!

Jul 15, 2019 01:52 PM
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Michelle Carr Crowe,Altas Just Call...408-252-8900!
Get Results Team...Just Call (408) 252-8900! . DRE #00901962 . Licensed to Sell since 1985 . Altas Realty - San Jose, CA
Family Helping Families Buy & Sell Homes 40+ Years

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.

Jul 23, 2019 11:33 PM
Rainmaker
1,495,497
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Calabasas CA

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....

Jul 16, 2019 01:01 AM
Rainmaker
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Evelina Tsigelnitskaya
SIB Realty - Sunny Isles Beach, FL
www.SIBRealty.org 305-931-6931

No.

Sep 21, 2019 09:14 AM
Rainmaker
4,103,176
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 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.

Aug 01, 2019 04:18 PM
Rainmaker
456,643
Dee Toohey
Innovative Realty Solutions Group - Longwood, FL
Broker, ABR, AHWD, CIPS, FMS, ePro

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.  

Jul 27, 2019 08:37 AM
Rainer
290,776
Clay R. Seay
Florida Homes Realty & Mortgage - Saint Augustine, FL

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.

Jul 23, 2019 09:19 AM
Rainmaker
348,189
Jay McHugh
SendOutCards-Appreciation Marketing Expert - Boston, MA
YOUR SendOutCard Mentor

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!

Jul 22, 2019 03:33 AM
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Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

I think we all come across this once in awhile.

 

Jul 19, 2019 10:33 AM
Rainmaker
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Valeria Mola
SIB Realty - Miami, Sunny Isles Beach - Sunny Isles Beach, FL
305-607-0709 SIB Realty

No, never.

Jul 19, 2019 08:15 AM
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Paul S. Henderson, REALTOR®, CRS
RE/MAX Northwest. - Tacoma, WA
Tacoma Washington Agent/Broker & Market Authority!

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....

Jul 17, 2019 10:27 AM