Referral agreement

[chitown]

What is the name of your state? FL

I recently found out my ex had her boyfriend (a Realtor) "refer" our property to another realtor in another state. The agreement listed me as joint prospect, but i never received notice of the agreement or consented. The agreement calls for the boyfriend to receive 25% of the commission received by the out of state broker upon sale. Her brother in-law (another Realtor) had offered to forgoe a commission in exchange for us to receive a 2% discount on the commission rate (6% instead of 8%). Also, we had listed previously with the Realtor so a referral seemed unnecessary. Finally, ex owes boyfriend money for purchase of auto. The receipt of the commission might be in lieu of payment but I do not have proof of such. Is it legal to have a referral agreement without consent of both joint owners? What responsibility does the referring Realtor have to communicate representation with all prospects/owners? I requested the referring agreement be canceled/rescinded but have had no response from either ex or boyfriend (referring Realtor). Thanks in advance for any thoughts

 

[PghREA]

Referrals is something Realtors do between themselves. A standard commission is negotiated with the sellers when the property is listed. That referral fee is part of the standard commission. If the property is located in another state from where you are living now, how do you expect a local Realtor to market the property. Realtors can only work in the state they are licensed in.

Nothing your Ex has done is set in stone until a listing agreement is signed and if you are on the deed, then you must also sign the listing agreement.

You are not a party to the referral agreement, only the Realtors involved are. Keep in mind that the commission goes to the listing agency and then is disbursed to the listing agency, the selling agency, the listing Realtor and the selling Realtor after expenses are taken out. That whopping 5, 6, 7 or 8 percent does not all go to one agent.

 

[chitown]

Listing agreement was executed by me two weeks before referral agreement between boyfriend realtor and out of state realtor. We had used the out of state realtor on the same property before. Although the referral agreement is between the two realtors it also increased my commission % as a licensed realtor of the ex had agreed to forgo her referral commission in exchange for the sellers (us) to receive a 2% decreased sales commission. Isnt there a requirement to notify all owners of an agreement related to the sale of the owners property even if the agreement is between only the realtors?

 

[chitown]

Referrals is something Realtors do between themselves. A standard commission is negotiated with the sellers when the property is listed. That referral fee is part of the standard commission. If the property is located in another state from where you are living now, how do you expect a local Realtor to market the property. Realtors can only work in the state they are licensed in.
I fully understand a realtor NOT located in the state the property will be sold in would be unable to negotiate, recommend or participate in the sales transaction. With that agreed upon, why should an out of state realtor be allowed to receive commissions on property that was listed with the realtor previously (the realtor located in the same state as the property being sold) in the form of a referral0without consent of the owners?

Nothing your Ex has done is set in stone until a listing agreement is signed and if you are on the deed, then you must also sign the listing agreement.
The listing agreement I executed did not refer to an agreement between the realtors. The sales commission listed did not refer to, or state, has been modified/adjusted in any manner No mention of a referral being provided was mentioned. I also had no knowledge of the referral agreement until two months later

You are not a party to the referral agreement, only the Realtors involved are. Keep in mind that the commission goes to the listing agency and then is disbursed to the listing agency, the selling agency, the listing Realtor and the selling Realtor after expenses are taken out. That whopping 5, 6, 7 or 8 percent does not all go to one agent.

It would appear to me that if there are no requirements for referral agreements to be agreed upon by the sellers (even though the agreement is between the realtors) ; referrals could be "arranged" fraudulently. There must be some regulation stating sellers be notified or concur with the referral agreement?