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Standing up for your commission!

Posted by Bryant Tutas on July 26, 2009 at 1:30am
Fight for your commission. You be surprised at the outcome. The lender has no authority over your listing agreement. They do however have authority over how much of THEIR money they will pay TOWARDS a commission.If you have an agreement with your Seller to pay you x% and the lender will only allow y% then the Seller simply pays the difference UNLESS you decide to let them off the hook. The lender's decision does not alter the listing agreement. Thinking it does....is a myth. Unfortunately it's one that most agents just roll over and accept. Not me.If you are on the Buyer side of the short sale then simply have an agreement (BBA) with the Buyer where he will pay you a minimum commission. That way if the co-broke is reduced the buyer can pay the difference. If the Buyer can get a good deal on the purchase then this should be no issue. If it is....the simply explain you can't show him Short Sales.I had a lender, GMAC, try to reduce my commission recently. They explained to me that it was their policy and there was nothing they could do about it. What I said was:"There are 3 agents being paid out of this x% commission. Why am I being asked to reduce? I did my job and I'm only making a little more than $x,000 on this deal. GMAC needs to get in line with market conditions. Realtors(r) are working our butts off to help GMAC avoid the cost of a foreclosure only to have money taken from us. I won't change it. Who can I talk to that can make that decision?"They left it alone.We are in complete control of our compensation as long as we remember who is paying us and write our commission agreements (BBA or listing) accordingly. And don't just fold when asked to reduce. Stand strong and voice your opinion. They may just agree. If they don't then discuss it with your Seller....after all that is who you have the agreement with.Now having said all this.....I have taken less in the past and I'm sure I will in the future BUT it's a decision made between me and the Seller NOT the Lender.AND.....whatever I get paid......I will fully honor the co-broke being offered in the MLS. It's the fair way to handle business. If you don't have the ability to get paid then I suggest you offer a lower co-broke. One that you know you can honor. Better yet....learn how to negotiate. Isn't that why we get paid? What say you?
Tags: commission, gmac
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Comments

  • Kate Fomina March 26, 2010 at 1:01pm
    Bryant,
    The "contract between me and a Seller" punch line used to work. Until now. Now Negotiators are saying the following:
    - The commission must be reduced to 5% as that is the maximum allowable by the bank. The Seller does not have any authority over the percentage of commissions agents may be paid.

    What would you answer?
  • Kristi Roberts March 22, 2010 at 3:18pm
    I love it. "Who can I talk to who can make that decision." Well said and I'm saving this one. Thanks for the post.
  • Wendy Rulnick July 26, 2009 at 6:18am
    Bryant, You are right! Your listing agreement is a contract between you and your seller, and that cannot be touched unless mutually agreed between you and your seller. Great job standing up to GMAC!
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