Belt Auction

Selling my home listed on zillow.com got a buyer Their realtor said she has to split commission, is this True?

Listed home last year on zillow.com under "make me move". Finally got 1 hit in over 130 days by a woman who stopped by our home to see if we were interested in selling our home. We let her in to take a quick peak and gave her our #. She called that evening set up a time to come see the place w/ her husband. 2 days later 15m before her appt her realtor shows up unbeknownst to us. She immediately asks who is paying her. We were both unsavvy in real estate and we told her our house wasn't listed and that her buyers came to us. She said she couldn't show the house unless we agreed to sign a commission split. We agreed, because we wanted the buyers to see the house and signed. I hated that I signed it and complained to her twice that it was too high (3.5%) but she said it was standard. Buyers want the house and now I'm pissed because I don't feel like we should pay this realtor such a high commission. I'm considering my options of dealing with this dishonest person or is she right?

Public Comments

1. Oh man, why did you sign that? That's a problem. I agree she may have been less than honest, but she has a signed contract... what have you got? You can call the real estate commission and ask about your options. But I doubt you have any, other than to refuse to sell the house.
2. You should of told her to take a flying leap BEFORE you signed. The offer to buy written and signed by the buyers (not you) can be rejected if it does not meet exactly what you signed with the realitor. But she was wrong in what she did. But I doubt it was illegal, just nor morally corect. In most states the seller pays the realitor a commission (6% or more) to assit in the sale of their home. So I would just chalk it up to experience and know in the future what to do. Also the realitors do split the commission, half to each side (buyer/seller) and that is split again between the realitor and the company she/he works for.
3. You got hood winked. The realtor took advantage of your emotions to get paid. Your correct response should have been: If you want a commission then have the Buyer pay you for your services. Why would you ever sign anything that you don't agree with? I would contact your local Board of Realtors and log a complaint against this person.
4. It is always wise to have representation by a listing agent when selling a property.The commission is negotiable usually 6% AND usually split 50/50 between listing and selling agents.The proper forms need to be filled out to protect you from potential law suites in the future.If Zillow is charging a commision for listing your property then yes the realtor may have to split her commision.It is wise to find out what your property is worth and to get the best deal.Property values have been dropping in a landslide though.Good luck to you on your sale.
5. Looks like he is acting as a dual agent. It would be more like 6% if you had listed it with a listing agent but you would have had representation. She has to equally represent both of you if she is in fact acting as a dual agent. You might want to bring this up to her and or talk to her broker. Don't ever let someone talk you into signing something you don't fully understand and I would question everything she has you sign now. Maker her explain it all and if she can't go to her broker and maker her do it.
6. If you didn't agree to sell the house yet DON'T. They don't the commission until the sale goes through. Have another agent check the contract to see what they say. And probably a lawyer. Either way you are going to pay on this deal. It's what happens when you try to sell on your own and don't have a clue. Sorry.
7. Ok, so did you actually list the house with a Realtor AND put it on Zillow.com?? Or, are you just do a "For Sale By Owner" that only listed with Zillow.com? If the latter, its up to the buyers to pay the Realtor (I'm assuming that the agent is working for them). Also, this "standard commission" thing is a load of bull. There IS NO such thing as "standard" when it comes to commission. It varies from office to office, and there is no set formula for how its calculated. This agent should be looking to their clients for his/her commission, not you. If the former, then yes..you will owe your agent a commission if the listing was an "exclusive right to sell" listing with the Realtor. If it was an "open" listing, you owe him/her nothing if you find a buyer on your own. If you've got a contract, I suggest you read it over carefully, and for the future...make sure you know what the terms are BEFORE signing anything. On another note, the Realtor shouldn't have to ask who they get their commission from....they should already know (its their job to know). Not too smart on their part, sorry.
8. There is no such thing as a STANDARD commission rate and if a real estate agent states so she is in violation of National Association of REALTOR ethics. You should make a formal complaint to the local real estate association and to the state real estate commission about the tactics that were used. A contract obtained by making a false statement or misrepresentation may not be enforceable. At the very least, that agent will have much grief from the above agencies that she will not soon use those tactics. It may be worth your while to ask the advice of a real estate attorney about your next step. You are looking at an added expense of 3.5% of your contract price that may not have to be paid since she was not the procuring agent. If she cant get the money from you, i bet that she will go after her buyer for the commission.