February 27, 2009

Myth #5

Myth #5: There should be no ethical concern if you inform the co-op agent at the time the lender approves a short sale that there isn’t enough money there to pay the percentage of commission which your brokerage firm advertised.

Reality: If you have advertised a co-op fee to promote the sale of a home, then you should be prepared to pay whatever you advertise. If you do not do so, you are begging to be taken before the Ethics committee.

Reason: You have promised to abide by the NAR ethical standards, one of which states you will deal fairly with your fellow agents. Is it fair to promise me (through your advertising) $4,700.00 if I bring a ready, willing and able buyer for your listing and then tell me at the last minute you made a little mistake and I will only be getting $3,200? While the lender is controlling what commission they will ALLOW on the short sale, they do NOT control what you advertise, what is to be paid to my brokerage firm, nor what your client agreed to pay for the service of having their home listed and sold. I understand the short sale game; that does not change the fact that I am legally and ethically entitled to receive the amount of commission you advertised. As a buyer’s agent my relationship is with you and your brokerage firm. I am not a party to, nor do I care what contractual concerns or restrains are involved, on the listing side of the transaction. It would be extremely helpful if real estate boards got some clarity about WHY lenders can control the amount of commission paid from proceeds and then made the necessary accommodations to address the new reality. Changes to commission policy, mls guidelines for advertising, data input sheets, and training for practitioners are sorely and urgently needed to address this matter.

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(Please e-mail Heather at homeownershipmatters@gmail.com with any questions, comments, or concerns you might have. We appreciate all feedback, comments, and especially your questions. Don't be shy!)

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