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Rainmaker
818,153
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

You can call legal hotline and ask them. If I was the buyer, I wouldn't pay the broker anything since I didn't aquire any property.

Aug 13, 2019 09:43 PM
Ambassador
3,985,964
Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
The right Charlotte REALTOR!

I'm not in VA but, 'by other than the Buyer' would be covered here if 'by' seller. In the example of Specific Performance - the seller has a buyer, who is performing but, seller decides not to sell, sellers broker can seek compensation for both buyers' agent and themselves. 

On the buy side - I've had buyers terminate 2 deals before going through with the 3rd. I was paid at Closing of the 3rd - ONLY for the 3rd transaction!

Aug 13, 2019 08:57 PM
Rainmaker
849,978
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Wouldn't the fee be earned at the time of a successful close?
I'm in Arizona and our fees are earned at the time that a transaction is closed. I don't know what your contract says, but it will govern.

Aug 13, 2019 06:39 PM
Rainmaker
1,806,995
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co. Notary Services, retired Realtor

Ask your broker Mark Adams .

Aug 13, 2019 06:55 PM
Rainmaker
924,818
Diana Zaccaro
Tropical Beachside brokered by eXp - Cocoa Beach, FL
"The Accidental Blogger" Cocoa Beach, Florida

I'm not in VA and this sounds like a state specific question. If you have access to the legal hotline through your state association, call and ask their opinion. Our legal hotline is excellent for contract questions so I use it often.

 

Aug 13, 2019 09:42 PM
Rainmaker
948,954
Doug Dawes
Keller Williams Realty - Topsfield, MA - Georgetown, MA
Your Personal Realtor®

I would think the answer to that would be within the wording of the contract.

Aug 14, 2019 05:28 AM
Rainer
117,222
Ken Jones
SellerNet - Toms River, NJ
Exclusive Seller's Agent

Mark Adams The answer to your question lies in the content of the Buyer Representaion Agreement.

Aug 14, 2019 05:17 AM
Rainmaker
3,895,664
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Don't know the VA law or the wording in the exclusive agreement. Sounds like you need to find a more competent broker to sponsor you!

Aug 14, 2019 05:11 AM
Rainmaker
5,556,817
Barbara Todaro
RE/MAX Executive Realty - Retired - Franklin, MA
Previously Affiliated with The Todaro Team

that's a great question for a real estate attorney.... don't wear that hat!!!

Aug 14, 2019 04:41 AM
Rainmaker
3,761,818
Richard Weeks
Dallas, TX
REALTOR®, Broker

I would think it depends on what is contained in your buyers rep agreement.

Aug 14, 2019 04:10 AM
Rainmaker
1,345,843
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Best to ask a Virginia real estate attorney.

Aug 13, 2019 11:06 PM
Rainmaker
516,841
Greg Cremia
Shore Realty of the Outer Banks - Nags Head, NC

If the agent/broker sues the buyer for the commission they will get laughed out of court. The job was not completed no compensation is due. Time to call the va real estate commission. This is why i advise buyers not to sign exclusive buyer agency agreements, too many unethical agents willing to take advantage of vague legal jargon.

Aug 14, 2019 05:44 AM
Ambassador
5,082,456
Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

It depends on the situation.

Aug 13, 2019 11:18 PM
Rainmaker
1,133,396
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

I'm a CA Realtor, so my state may be different rules, and that's not enough info.

Aug 13, 2019 09:17 PM
Rainmaker
2,059,101
Evelina Tsigelnitskaya
SIB Realty - Sunny Isles Beach, FL
www.SIBRealty.org 305-931-6931

Depends of the agreement.

Aug 14, 2019 01:09 PM
Ambassador
2,968,315
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

I suggest you discuss this with a local attorney. 

Aug 14, 2019 12:11 PM
Rainmaker
524,617
Rose Mary Justice
Synergy Realty Pros - Dandridge, TN
Synergy Realty Pros

Not here.  

Aug 14, 2019 12:05 PM
Rainmaker
848,275
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

The agreement should cover this eventuality, I would think.

Aug 14, 2019 11:01 AM
Rainmaker
598,542
Eve Alexander
Buyers Broker of Florida - Orlando, FL
Exclusively Representing ONLY Orlando Home Buyers

Mark Adams I have worked under exclusive right to represent agreements for almost 30 years and have never heard of any buyer paying a commission for a failed transaction that was not the buyers fault.

Sure, you can charge the buyer a fee for your time and whatever else you can get them to agree to...but pay a commission for no transaction? Cheezy at best.

You state that he has been using the agreement for 6 years and JUST NOW READ IT??? I am willing to bet that he still does not know what it says...

Time to find another broker...this one will teach you nothing.

Eve

Aug 14, 2019 10:53 AM
Rainmaker
467,929
Dan Pittsenbarger
Keller Williams Western Realty - Bellingham, WA
Improving Conditions

No

Aug 14, 2019 09:37 AM
Rainer
211,922
Byron K . Jones
Coatesville, PA
List Today - Sold Tomorrow!

i dont have an answer, I'm in Pa.

Aug 14, 2019 09:13 AM
Rainmaker
1,614,497
Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West & Lend Smart Mortgage, Llc. - Carlsbad, CA
Presence, Persistence & Perseverance

As Jeff Pearl wrote.

Aug 14, 2019 08:25 AM
Rainmaker
3,772,437
Nina Hollander
Coldwell Banker Realty - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

What does the buyer agency agreement say? 

Aug 14, 2019 06:16 AM
Rainmaker
2,595,580
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Even if it is so...the cost and time to litigate must enter in plus can it be collected if you win a suit and if you lose a suit your losses increase. Best approach is negotiate something both can live with or walk-away wiser

Aug 14, 2019 06:09 AM
Rainmaker
3,706,856
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Check with your broker, your state could be different

 

Aug 15, 2019 02:19 PM
Rainmaker
1,588,722
Valeria Mola
SIB Realty - Miami, Sunny Isles Beach - Sunny Isles Beach, FL
305-607-0709 SIB Realty Condos for Sale and Rent

No close - no money. 

Aug 15, 2019 01:29 PM
Ambassador
3,007,953
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

I have no knowledge of the VA contract, so can't help. But it should be specifically spelled out in the terms of the agreement.  In GA, no closing and the default is not the buyer then no commission due from buyer, seller maybe, not the buyer.

Aug 14, 2019 09:02 PM
Rainer
296,061
Caroline Gerardo
Sun West Mortgage Corporation - Newport Beach, CA
C. G. Barbeau the Loan Lady nmls 324982

Tell the broker to show you where it says that... If deal fell apart there is no commission.  Did buyer cause the default after long delays? 

Aug 14, 2019 04:33 PM
Rainmaker
6,218,094
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Doubtful. Follow the terms of the agreement.

Aug 14, 2019 03:51 PM
Rainmaker
5,225,144
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Mark,

Very weird...

Aug 14, 2019 06:46 AM
Rainmaker
1,123,648
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

What does employment contract say?

Aug 14, 2019 06:20 AM
Rainmaker
4,605,262
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

I work in CO.

Sep 03, 2019 09:30 AM