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LAS14

(13,783 posts)
Sat Mar 30, 2019, 03:09 PM Mar 2019

What do we do if someone makes an offer on our house shortly before we sign with our realtor?

Or what if they just show strong interest before we sign?

Is there a procedure to allow us to sell to those people without paying the realtor's fee if those people make the winning offer?

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Merlot

(9,696 posts)
2. The only way (as I see it) that you could not pay the commission is
Sat Mar 30, 2019, 03:14 PM
Mar 2019

if you don't sign with the realtor and handle the transaction your self.

If someome made an offer before you signed, you might be able to negotiate a reduced commission to the agent to handle the tranaction. But sometimes transactions don't complete, and you might have to start over. So for that reason the agent might not consider a reduced fee.

leftieNanner

(15,120 posts)
3. We sold our house a while ago in California
Sat Mar 30, 2019, 03:14 PM
Mar 2019

and as I recall, in the contract we signed with our realtor there was a clause that we could identify a potential buyer who stepped up before the property went on the market. If we sold to that person (without using the realtor's expertise), we wouldn't have to pay the commission. But if the realtor did all the work, including handling the documents for the sale, then I think you have to pay the fee.

Worth checking.

SWBTATTReg

(22,133 posts)
4. I don't think you can do this...if you sign w/ the real estate agent, then all sales are ...
Sat Mar 30, 2019, 03:24 PM
Mar 2019

covered under this agreement whether or not it came (the offer) before the signing w/ the RE agent. Before you sign, you should ask the RE agent you're signing with about this, but I think they'll tell you regardless, the fee is required (the RE agent's fee) on a possible buyer before the whole RE agreement was signed.

Otherwise, RE agents would never get paid, since 'all of the buyers' came to us before we got w/ the RE agent' stuff would happen.

I seem to recall that you can negotiate a different tier commission though if you tell the RE agent first prior to signing with the RE agent, i.e., instead of 6%, the RE agent gets 3% or something like that, but it's got to be that specific buyer and none other. It's been a couple of years since I went through this process and I can't 100% remember but I had the same scenario you have happen too. I didn't mind paying since I didn't know all of the local real estate rules/laws/etc. that need to be complied with (the inspections and so forth), and we paid a lower rate commission too (I think 6% vs. 8% prevailing rate).

GOOD LUCK to you too!!!

vlyons

(10,252 posts)
5. unless you are experienced with selling property,
Sat Mar 30, 2019, 03:26 PM
Mar 2019

you tell the potential buyer to talk to your realtor to make an offer. You will save yourself a lot of trouble and frustration by using the expertise of a licensed realtor. For example, I'm in the process of buying a house in Dallas, and lo and behold the house straddles 2 lots, one of which is not owned by the seller and wasn't disclosed in the initial contract. This snafu was caught by the title company and missed by the appraiser. My realtor is managing getting this problem sorted out.

Here's a tip: You pay for a licensed home inspection BEFORE you put the property on the market. That way, you can fix any problems. Offer to let the buyer accept the inspection, rather than shell out $300 to do an inspection.

customerserviceguy

(25,183 posts)
11. Appraisers wouldn't know that
Sat Mar 30, 2019, 06:02 PM
Mar 2019

They just look at what is physically there. They don't conduct the record searches that show title problems.

I spent over 25 years in the title business, so I know what I'm talking about. But I do agree with your advice about getting a good agent. Every real estate closing is its own set of miracles, and having someone knowledgeable in your corner can help get the job done.

Guilded Lilly

(5,591 posts)
6. Check with your state real estate laws but they used to call this an exclusion...
Sat Mar 30, 2019, 03:37 PM
Mar 2019

In the listing agreement you write in the potential buyers name as an exclusion and usually a time frame for them to purchase.

Offering a reduced listing fee to an agent to handle any exclusions is also subject to local realtors laws/ rules/companies.

It may have changed but it used to be allowed.

WhiteTara

(29,718 posts)
7. Make it contingent on your sale going through
Sat Mar 30, 2019, 04:08 PM
Mar 2019

then if it doesn't go through, then you're not out. That's in the contract.

WhiteTara

(29,718 posts)
8. I misunderstood your question.
Sat Mar 30, 2019, 04:10 PM
Mar 2019

I think you can not sign, but that would be unethical and you would always have a taint.

dameatball

(7,398 posts)
9. State laws do very. But unless you have signed a contract with a realtor you can sell to anyone IMO
Sat Mar 30, 2019, 05:16 PM
Mar 2019

If there is no contract with a realtor, then there is no guarantee of fees. If the prospective buyer is willing to use a real estate attorney and you both agree on that attorney, then have a contract drawn up and a good faith payment transacted.
On the other hand, "strong interest" isn't really worth much.

LAS14

(13,783 posts)
10. Thanks for all the helpful info. Have you ever heard...
Sat Mar 30, 2019, 05:33 PM
Mar 2019

... of a realtor offering to do the detail work for an excluded client and charging a fixed fee?

Arazi

(6,829 posts)
12. I'd wait and see if you can conclude the deal without the realtor
Sat Mar 30, 2019, 07:38 PM
Mar 2019

Or get an exclusion from the realtor for that potential buyer.

"For Sale By Owner" or FSBO sales aren't tricky but you need a dedicated real estate attorney to walk you thru the process. You can potentially save thousands of dollars in commission.

I've had family members who sold this way - a neighbor came up and offered to buy so they did a private sale

Good luck!

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