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Legal Right to Commission???

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Hondrau

Guest
What is the name of your state? Illinois

Main Question: What legal right does a realtor have to a commission on new home construction?


We contacted a realtor because it was time to move to a bigger home and I signed up to his website to receive weekly selling home updates. I informed this realtor that I was interested in the possibility of new construction. Without out a single shred of information about my financial situation… He informed me that in order for me to build a new home I must first sell and move out of my current place before a builder would work with me.

This upset me a lot because I knew something about on of the community I was interested in and that they were backlogged and it would be many months before I could move into a new home if I choose to build new. I have a friend that had moved into one of these new homes. When we went to visit our friend we very much liked what we saw and our friend raved about the builder and development. That is actually want put us in the market to start searching for a new home.

So, on the advice of a friend, I contacted the builder directly and was informed that they didn’t care how many homes I owned. As long as I could come up with the 5% down that they required at the time of when we signed our contract and could secure financing they didn’t care about other properties. We were able to more than cover the 5% needed to start the process before selling our home.

Well, we had already made an appointment with this realtor to view existing homes and figured we might as well go to consider the all available options. While we were looking, by the 4th or 5th home, he realized that we weren’t interested in anything but new homes. One of the homes he showed us was next to the development where I first told him we were interested so he suggested going to visit. I’ve now learned that this was a BIG MISTAKE! As we viewed the homes I told the sales person the reason we were there were because of previous buyers to the development. The realtor wasn’t 5 feet away and knew that this was the situation for the beginning.

After viewing and driving away the realtor begin to speak poorly of the builder and the school district. This was strike 3 or 4 and at that point I decide that this was not someone I would want to deal with again. In fact I thought he could tell that this was the situation because we didn’t make plans to speak again as he dropped us off at our current home.

A couple days later we signed a contract with this builder for a new home that would take 10 months to build. I signed a referral fee with the builder for my friend. As expected I didn’t heard anything from this realtor until a couple weeks after we signed the contact. The reason he finally contacted me was because I removed my name from the online mailing list for weekly updates. It was then I informed him that we signed a contact with the new builder. He wished me luck in the process and that was the end.

I found out that he went to the builder and demanded to receive his full commission. When I was informed of this I called the realtor directly and after he insulted me, he said he wouldn’t seek a commission. However, the builder said the he is still pursuing the matter and because I did come in with him that they are legally responsible to give him the money. My seller can’t tell me what law this is and I can’t seem to find anything.

If I fired this person and I DO NOT want him to profit or represent me in any form, why is he still getting paid a large sum of money that he does not deserve? I never signed anything, with the realtor or the builder, stating that I wanted this person to be my realtor.

Thank you in advance
 


You didn't have a contract with him so he is in no way, shape, form, or fashion entitled to any compensation from the home you are building. Tell that shady sob to kiss off.
 

HomeGuru

Senior Member
Hondrau said:
What is the name of your state? Illinois

Main Question: What legal right does a realtor have to a commission on new home construction?


We contacted a realtor because it was time to move to a bigger home and I signed up to his website to receive weekly selling home updates. I informed this realtor that I was interested in the possibility of new construction. Without out a single shred of information about my financial situation… He informed me that in order for me to build a new home I must first sell and move out of my current place before a builder would work with me.

This upset me a lot because I knew something about on of the community I was interested in and that they were backlogged and it would be many months before I could move into a new home if I choose to build new. I have a friend that had moved into one of these new homes. When we went to visit our friend we very much liked what we saw and our friend raved about the builder and development. That is actually want put us in the market to start searching for a new home.

So, on the advice of a friend, I contacted the builder directly and was informed that they didn’t care how many homes I owned. As long as I could come up with the 5% down that they required at the time of when we signed our contract and could secure financing they didn’t care about other properties. We were able to more than cover the 5% needed to start the process before selling our home.

Well, we had already made an appointment with this realtor to view existing homes and figured we might as well go to consider the all available options. While we were looking, by the 4th or 5th home, he realized that we weren’t interested in anything but new homes. One of the homes he showed us was next to the development where I first told him we were interested so he suggested going to visit. I’ve now learned that this was a BIG MISTAKE! As we viewed the homes I told the sales person the reason we were there were because of previous buyers to the development. The realtor wasn’t 5 feet away and knew that this was the situation for the beginning.

After viewing and driving away the realtor begin to speak poorly of the builder and the school district. This was strike 3 or 4 and at that point I decide that this was not someone I would want to deal with again. In fact I thought he could tell that this was the situation because we didn’t make plans to speak again as he dropped us off at our current home.

A couple days later we signed a contract with this builder for a new home that would take 10 months to build. I signed a referral fee with the builder for my friend. As expected I didn’t heard anything from this realtor until a couple weeks after we signed the contact. The reason he finally contacted me was because I removed my name from the online mailing list for weekly updates. It was then I informed him that we signed a contact with the new builder. He wished me luck in the process and that was the end.

I found out that he went to the builder and demanded to receive his full commission. When I was informed of this I called the realtor directly and after he insulted me, he said he wouldn’t seek a commission. However, the builder said the he is still pursuing the matter and because I did come in with him that they are legally responsible to give him the money. My seller can’t tell me what law this is and I can’t seem to find anything.

If I fired this person and I DO NOT want him to profit or represent me in any form, why is he still getting paid a large sum of money that he does not deserve? I never signed anything, with the realtor or the builder, stating that I wanted this person to be my realtor.

Thank you in advance

**A: you post is confusing. Please answer yes or no; did the Realtor go with you to the builder's model unit/sales office the very first time you went to the development?
 

HomeGuru

Senior Member
MortgageGuru said:
You didn't have a contract with him so he is in no way, shape, form, or fashion entitled to any compensation from the home you are building. Tell that shady sob to kiss off.

**A: your knee jerk response may not be correct.
 
H

Hondrau

Guest
HomeGuru said:
**A: you post is confusing. Please answer yes or no; did the Realtor go with you to the builder's model unit/sales office the very first time you went to the development?


Sorry, I wrote it in a rush...

A: Yes, he was there when we first walked into the door... I freely admit that mistake.

Q: I understand your reply is that he can collect…

So what is the 'legal' reason that he can collect?

I'd like to research the particular law completely that says he is entitled so I can better determine if it is worth pursuing to fight the situation. If I feel I have cause, I want to be educated enough that when I contact a proper lawyer I can clearly state my case.

I’ve searched every term and collection of words I can think of to find the actual law--where he has the ‘legal’ right.

It would make sense that we both agreed that he wouldn't seek the money so it would carry more weight… there was NEVER an agreement between us, verbal or otherwise, that he would represent me in any real estate transactions.

If you can fire a lawyer to represent you... why can't you a realtor?

Thanks in advance.
 
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nextwife

Senior Member
If a Realtor brought you through a Realtor-listed property, that is "procurring cause". You need not have any written agreement with the Realtor at all.

It is the agreement that Realtors have with each other that determines the grounds for commission.
 
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H

Hondrau

Guest
After some research... I will be contacting a lawyer.

The procuring cause is the broker who does the key work that is effective in convincing the buyer to buy the property.

That is NOT the case...

Thanks again for pointing me in the right direction!! I will also be using this information in my Ethics Violation complaint to the Real Estate Board… Just received the paperwork to file that for a first step.


Now... to find a lawyer.
 

HomeGuru

Senior Member
Hondrau said:
After some research... I will be contacting a lawyer.

The procuring cause is the broker who does the key work that is effective in convincing the buyer to buy the property.

That is NOT the case...

**A: not true. The broker may be the procurring cause just by being there with you at the property, even if the broker said nothing and you signed the purchase contract directly with the builder.
*******
Thanks again for pointing me in the right direction!! I will also be using this information in my Ethics Violation complaint to the Real Estate Board… Just received the paperwork to file that for a first step.


Now... to find a lawyer.

**A: Ok, good luck to you, you're gonna need it.
 
Tell me again why you are pursuing this? You, as the buyer, will not be paying any commission to him, so although he sounds like a slimeball, you could be wasting your money on a lawyer just on principle.

Tell the builder that the visit to your friend's house convinced you, and that the visit occurred before you ever went to the sales office, and that this realtor did not do anything to procure the sale. See if they can try to avoid paying the commission.
 

PghREA

Senior Member
If the builder has a relationship with realtors/their companies, he will probably pay the commission anyway. The builder is paying the commission, not the buyer and the builder will not reduce the price of the home if he does not pay a commission. So why stress yourself out about it.
 

nextwife

Senior Member
He probably wouldn't reduce the price even if he doesn't pay a commission. It would be cutting his own throat by establishing a comparable that could be used on future sales AGAINST the home prices at which he wishes to sell other units .
 
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Ciarraine

Member
nextwife said:
He probably wouldn't reduce the price even if he doesn't pay a commission. It would be cuttinfg his own throat by establishing a comparable that could be used on future sales AGAINST the home prices at which he wishes to sell other units .

Yup, but you might get the builder to spend the commission on customizations and options. That's what is at stake.
 

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