Question

  05/28/12, 11:11 pm
I made a written offer to purchase a property through an Agent. After the offer was turned-down (apparantly by the seller) I made a verbal revised offer to the Agent who refuses to submit the offer to his client (the Seller) I have made verbal and written submission via e-mail and numerous telephonic approaches but he refuses to approach his client. If I approach the Seller directly would he still be entitled to his commission in view of his refusal to perform? Please advise what I should do to proceed with my purchase?.
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United States   |   California  |  Real Estate and Real Property
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Answer

Darrell York Says:

May 29,2012 2:13 PM

The commission is between the seller and his agent. Usually the agency contract is exclusive and the agent is entitled to their commission if sold within the period set forth in the listing agreement. Most listing agreements are between 3-6 months in length. You may want to employ your own agent to submit your offer as their commission is paid by the seller and not you. I always strongly recommend that you DO NOT USE THE SAME AGENT and you have your own agent represent you. THERE IS A CONFLICT OF INTEREST WHENEVER THE AGENT REPRESENTS BOTH THE BUYER AND SELLER. These are known as a DUAL AGENCY representation and the California Dept of Real Estate allows such representation but I would never recommend using a dual agent. Some states disallows such dual agency representations and California should ban such practices because the seller's agent is supposed to get the highest price for the seller and the buyer's agent job is to get the lowest price for his client. Now how can an agent that represents both parties do both??? Real estate agents love dual agency because they don't have to share their commission with the buyer's agent.


Darrell York
Law Offices of Darrell J. York
27240 Turnberry Lane, Suite 200,Valencia, CA 91355
866-908-2121
http://www.djylaw.com

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