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Updated almost 6 years ago on . Most recent reply

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William Doom
  • New to Real Estate
  • Honolulu, HI
9
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This could be the end of buyers agents..

William Doom
  • New to Real Estate
  • Honolulu, HI
Posted

Gotterdammerung: A Very Serious Legal Threat.

It alleges that cooperation and compensation is an anti-trust violation that results in consumer harm, and seeks an injunction against forcing home sellers to pay the commissions of the buyer agent.

https://notorious-rob.com/2019/03/gotterdammerung-a-very-serious-legal-threat/

Most Popular Reply

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Russell Brazil
  • Real Estate Agent
  • Washington, D.C.
30,071
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17,429
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Russell Brazil
  • Real Estate Agent
  • Washington, D.C.
ModeratorReplied

Not likely. There is so many facts wrong with the plaintiffs case, such as saying compensation is not negotiable.

One only need to out in the MLS that there is a variable rate commission, if the sellers have agreed to one, and suddenly commissions are negotiable on the buy side.

Further a seller can offer out any amount that they want. I see listings offering out Zero semi regularly.  Ultimately the market makes the decision on how those properties are treated. When buyers need to pay their own agents, they almost always opt not to buy that property. Sometimes they do though, Ive had clients pay my brokerage directly when the seller offers zero compensation.

We have a free market. Sellers can offer out anything they want, but in turn agents as business owners can set their own fees and choose to take on business at any rate they find acceptable and their clients find acceptable. 

I choose only to take on clients who pay my fee. I in turn offer out a portion of my fee to a buyers agent to bring a buyer. A seller does not need to hire me if they think my fee is too high, and many do not. 

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