Let me address a couple of things here:
This quote is not accurate. Being a Procuring Clause has nothing to do with an EBA. I have seen this situation a few times in my career. If the agent found you the home, showed you the home, and has proof that they have done so, then he will be able to argue for a commission. Also, in the EBA's I have seen in the past, many of them state that if you purchase a home that the Broker showed you within 180 days after contract expiration, they will be owed a commission. So take another look at that EBA to clarify that.
Also, this issue should not cause any problem for your deal on the negotiation front.
If the Listing Agent wants to share their commission and not take the whole thing, so what? This is historically an issue between agents, and by your statements, the Listing Agent called your original agent anyway. My advice is to put the emotions to the side, and just focus on the deal at hand. You are NOT going to save 3% by not using a Buyer's Agent. (See below)
This statement is a bit of a myth in the Buyers world. The listing agent is going to get the "EXTRA" 3%. I am not going to say it is impossible, but odds are you will not get a 3% break based on this issue. ESPECIALLY on a bank owned deal. Like it or not, the Listing Agent has a lot of power to back door you on these deals. (I see it happen everyday!) There are better and more profitable ways to negotiate a discount.
For starters, ask for PROOF that your offer was submitted to the bank. The commission can be disputed after the offer has been accepted, and will be a Realtor Board Issue.
The Listing Agent HAS TO PRESENT ANY AND ALL OFFERS, and they MUST PRESENT IT RIGHT AWAY! If they do not, I would call the Principal Broker and talk a little about legal action if the offer is not presented.
My advice would be to document every step of this transaction, all the way back to when the EBA agent showed you the property. Odds are the EBA agent has not done this, and it sounds like the Listing Agent is very inexperienced as well, so the odds can swing back into your favor due to their incompetence.
YES IT IS!!!!! :wink:
Banks are their own worst enemy in so many of these deals. To be honest, there is NOTHING we can do about it in most cased. My advice is to ask for what is called a full field review, or bank BPO, of the property. Write a letter to be submitted with the offer to the fact of the pipes and other issues that are lowering the value of the home. Send them your own photos of the damage. While I can not guarantee that this will work, it gives you a chance. I have negotiated many bank deals down by using this method with much success.
Bottom line: It sounds like the Listing Agent is inexperienced and does not know what they are doing. You might want to call the Principal Broker of this company and voice a concern.
It sounds like the Buyer's Agent is incompetent, but some of the rules, and the contract you signed, could be in his favor.
The issue above is another reason why you should always have a good Buyer's Agent. If myself, or my company, were representing you, we would easily be able to persuade the first Buyer's Agent to go away, we would be able to hold the Listing Agent up to their responsibilities, and we would be able to pressure the Brokerage to get the job done.
Agents always seem to be afraid of accountability!
*Disclaimer: I am not an attorney and provide no legal advice. These are just my opinions as a real estate professional. It is sad that I feel the need to write this disclaimer, but it is just a byproduct of what our society has become! :roll: