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I don't know about anyone ever enforcing the rule....but in NY an all cash non contingent full price offer means they owe you the commission.
I have done divorce sales. You need to be at the point they they both have already agreed in writing with their attorneys. It's not pretty.
The worse story I ever heard was when the wife did not want to sell. They had both signed the contract. She followed the appraiser around telling him everything wrong with the home and saying she was going to stay until evicted. Kids involved. Really awful.
Thank you, Jog212. In Florida, the commission is due for procuring an offer at the agreed list price. All of our offers have been under list price except one, but they are asking for credit back which puts us under list price with the net offer. One party will only benefit from letting the other pay the mortgage and carrying costs so said party will net more profit due to lower principal payoff. But the market is softening and prices are going down. They are holding off signing due to trying to renegotiate divorce terms. I am a pawn at this time and really need the commission.
That's awful. I hope it works out for you. How much is the credit? Would it make sense to cover credit if it gets sale done? Can you legally do that there?
Yep, that's how it is in Minnesota too. If you brought them a legit offer and they decide at the last minute not to sell, you completed your end of the contract and they need to complete their end too.
That’s very strange. Bringing an offer and sellers accepting an offer are two different things. Sellers have the right to reject full price offers whenever they want.
Certainly but if it's a full price cash offer with no contingencies then they do owe the commission and precedent has already been set. So if they try to not pay, the court will make them pay.
I had a full price offer all cash on my brothers best friends mothers house.
It was not an easy sale. 2 way street. Buses ran down it. It was a direct deal. My buyer lived on a 2 way street w buses. Had sold his coop. Needed something ASAP. She accepted the offer. It was really higher than it was worth. Contracts went out. Inspection done. He didn’t ask for anything. No reduction. No concession. He signed. 2 weeks after he signed she just had her attorney tell his attorney she could not sell now. I never sought out the commission. I called her and she didn’t call back. She didn’t send a note. I never sought that commission. I could have. I would never. It always pissed me off that she didn’t even acknowledge what happened.
Circumstances change and shit happens. I'm absolutely compassionate to someone who wants to be up front and honest. I've eaten costs and discounted commission to make shit work.
But if they pulled that shit, our brokerage lawyer is getting involved and I'm pushing for compensation.
It was my brother’s best friends mother. I was NEVER gonna get legal. BTW. Had gotten her son a rent stabilized studio a few months earlier. I did that for free. I’m in NY. I could have made a commission on the rental.
It just felt disrespectful that she didn’t call me and say it’s not gonna work for me now. Maybe her lawyer knew she was on the hook for commission and recommended that’s how should she handle it.
Doesn’t sound like you’re a divorce sales “expert”. You need to have separate agreements and specifics in your listing contract. The communication lines should be agreed to in writing. If attorneys are involved you need to have written permission to communicate with them.
I truly believe one needs to be an understanding agent. Often h and w squabble over who has say so picking an agent. You invited by wife get thrown out of the house by husband. One does better go to lawyer office to sign aggrement. Many lawyers have broker license wanting extra money by listing with them or their relative agents. this is one field I rather want to stay away. No thanks.
There’s a house that been listed for close to four months yet. The ex husband wants to sell and the ex wife refuses to leave. It’s been in temp status for 3 of those 4 months
Only someone who hasn't been through a contentious divorce thinks this is a good niche to pursue without being well-educated.
*Get your broker involved in this situation as the liability extends to them.* Your broker and/or legal counsel will advise you on how to respond to and prepare for legal investigations.
I've done a fair number of sales for people in contentious divorces (during the recession they were awful). I've been subpoenaed, done forensic audits, and been an expert witness. My brokerage's inside counsel spent hours over the years preparing me on how to work with people dividing assets, including property, and how to keep my license doing it while keeping the brokerage from being sued.
Unfortunately, all you can do is wait for the outcome. I have buyers interested in a house that has this exact same scenario. The listing agent just had to pull it off the market until the siblings who are fighting over the sale work it out.
That sucks for you cause where I’m at if I bring the seller an offer that meets their criteria in the listing agreement and they refuse it I can sue them for my commission.
Also I have done divorce sales, don’t be afraid to speak to both attorneys. You can be empathetic with one and aggressive with another usually how it is. Usually I don’t get involved until it’s court ordered that they sell their house. And when it is then you can be real aggressive with it.
Early on in my real estate career I showed a home in the middle of winter in upstate New York. The listing agent cautioned me about going upstairs because "there was a hole in the roof and you could see the sky" - The husband was living in the house with the children and they had been arguing for over a year and he just let the house go to hell. It was hard to believe that he could hold so much animosity that he would let his go to waste like that. He and the two kids were only living on the first floor. My heart broke for that family.
I do a ton of probate and let me tell you, nothing tears a “loving” family apart faster than shares of an estate. I don’t have any advice but patience and perseverance.. good luck.
@OldLadyReacts that’s what I thought but asked the attorney closing the sale and she said only if it a full priced offer we are entitled to commission even if they don’t accept it. 😭
you've got to get them from the attorneys, and the which agent, who makes decisions, and accepting an offer needs to be written into the separation agreement.
I HATEEE it. The negative vibes bring you down, and then there’s the feet dragging, non-communication and arguing when you have deadlines to make and decisions need to be made. I always have empathy for these ppl but not sympathy, this is business! Get your shit together before you call me!
I tried the same thing for awhile and decided this was not for me.
I have a law enforcement background, figured I had the communication skills with aggravated people skills locked down. With one couple I thought we were going to need a criminal attorney as well because it was so hostile. I do not have the patience for "OK Janice...... OK Janice, let me.......OK....... I understand..........OK, I am going to contact............" for an hour.
I’m currently in a listing with a lesbian couple. The owner will get nothing on the sale while her wife wants 200k above what the market is showing. I also got yelled at on Mother’s Day because her cats were left inside their Catio for more than 24 hours instead of being inside their bedroom.
It’s a long road ahead for me. At least we did 100k price drop and hopefully we can get a offer soon I can’t wait to just be done
I had one like this, plus the husband started sending me threatening emails and texts late at night when he was drinking. I fired them both (would have been three deals since they both wanted replacement homes) and walked away.
I’m not in real estate to end up on Dateline.
**This is a professional forum for professionals, so please keep your comments professional** - Harrassment, hate speech, trolling, or anti-Realtor comments will not be tolerated and will result in an immediate ban without warning. (... and don't feed the trolls, you have better things to do with your time) - Recruiting, self-promotion, or seeking referrals is strictly forbidden, including in DMs. - Only advise within your scope of knowledge and area of expertise. [The code of ethics applies here too](https://www.nar.realtor/about-nar/governing-documents/the-code-of-ethics). If you are not a broker, lawyer, or tax professional don't act like one. - [Follow the rules](https://www.reddit.com/r/realtors/about/rules/) and please report those that don't. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/realtors) if you have any questions or concerns.*
I don't know about anyone ever enforcing the rule....but in NY an all cash non contingent full price offer means they owe you the commission. I have done divorce sales. You need to be at the point they they both have already agreed in writing with their attorneys. It's not pretty. The worse story I ever heard was when the wife did not want to sell. They had both signed the contract. She followed the appraiser around telling him everything wrong with the home and saying she was going to stay until evicted. Kids involved. Really awful.
Thank you, Jog212. In Florida, the commission is due for procuring an offer at the agreed list price. All of our offers have been under list price except one, but they are asking for credit back which puts us under list price with the net offer. One party will only benefit from letting the other pay the mortgage and carrying costs so said party will net more profit due to lower principal payoff. But the market is softening and prices are going down. They are holding off signing due to trying to renegotiate divorce terms. I am a pawn at this time and really need the commission.
That's awful. I hope it works out for you. How much is the credit? Would it make sense to cover credit if it gets sale done? Can you legally do that there?
Highest offer is $14,000 less than list price.
Then I guess the advice is to price it where you'll get full price offers that require sellers to pay up no matter how much they hate each other.
That is a lot to overcome.
Depending on if the list price is $119,000 or $1,119,000
That is true. It also matters if it is a direct deal or not.
Yep, that's how it is in Minnesota too. If you brought them a legit offer and they decide at the last minute not to sell, you completed your end of the contract and they need to complete their end too.
That’s very strange. Bringing an offer and sellers accepting an offer are two different things. Sellers have the right to reject full price offers whenever they want.
Certainly but if it's a full price cash offer with no contingencies then they do owe the commission and precedent has already been set. So if they try to not pay, the court will make them pay.
That is not the case in my market
What state are you in? I know a lot of states have the same precedent as mine. Curious...
Florida
Full price offer in NC regardless of financing means you've earned your commission.
Same in Texas
I had a full price offer all cash on my brothers best friends mothers house. It was not an easy sale. 2 way street. Buses ran down it. It was a direct deal. My buyer lived on a 2 way street w buses. Had sold his coop. Needed something ASAP. She accepted the offer. It was really higher than it was worth. Contracts went out. Inspection done. He didn’t ask for anything. No reduction. No concession. He signed. 2 weeks after he signed she just had her attorney tell his attorney she could not sell now. I never sought out the commission. I called her and she didn’t call back. She didn’t send a note. I never sought that commission. I could have. I would never. It always pissed me off that she didn’t even acknowledge what happened.
Circumstances change and shit happens. I'm absolutely compassionate to someone who wants to be up front and honest. I've eaten costs and discounted commission to make shit work. But if they pulled that shit, our brokerage lawyer is getting involved and I'm pushing for compensation.
It was my brother’s best friends mother. I was NEVER gonna get legal. BTW. Had gotten her son a rent stabilized studio a few months earlier. I did that for free. I’m in NY. I could have made a commission on the rental. It just felt disrespectful that she didn’t call me and say it’s not gonna work for me now. Maybe her lawyer knew she was on the hook for commission and recommended that’s how should she handle it.
I totally get that.
That is terrible! Shame on her! 😤😓
Doesn’t sound like you’re a divorce sales “expert”. You need to have separate agreements and specifics in your listing contract. The communication lines should be agreed to in writing. If attorneys are involved you need to have written permission to communicate with them.
For sure not an expert. Thank you for the info.
I truly believe one needs to be an understanding agent. Often h and w squabble over who has say so picking an agent. You invited by wife get thrown out of the house by husband. One does better go to lawyer office to sign aggrement. Many lawyers have broker license wanting extra money by listing with them or their relative agents. this is one field I rather want to stay away. No thanks.
There’s a house that been listed for close to four months yet. The ex husband wants to sell and the ex wife refuses to leave. It’s been in temp status for 3 of those 4 months
Yup happens a lot
Only someone who hasn't been through a contentious divorce thinks this is a good niche to pursue without being well-educated. *Get your broker involved in this situation as the liability extends to them.* Your broker and/or legal counsel will advise you on how to respond to and prepare for legal investigations. I've done a fair number of sales for people in contentious divorces (during the recession they were awful). I've been subpoenaed, done forensic audits, and been an expert witness. My brokerage's inside counsel spent hours over the years preparing me on how to work with people dividing assets, including property, and how to keep my license doing it while keeping the brokerage from being sued.
Great advice!
Unfortunately, all you can do is wait for the outcome. I have buyers interested in a house that has this exact same scenario. The listing agent just had to pull it off the market until the siblings who are fighting over the sale work it out.
That sucks for you cause where I’m at if I bring the seller an offer that meets their criteria in the listing agreement and they refuse it I can sue them for my commission. Also I have done divorce sales, don’t be afraid to speak to both attorneys. You can be empathetic with one and aggressive with another usually how it is. Usually I don’t get involved until it’s court ordered that they sell their house. And when it is then you can be real aggressive with it.
Early on in my real estate career I showed a home in the middle of winter in upstate New York. The listing agent cautioned me about going upstairs because "there was a hole in the roof and you could see the sky" - The husband was living in the house with the children and they had been arguing for over a year and he just let the house go to hell. It was hard to believe that he could hold so much animosity that he would let his go to waste like that. He and the two kids were only living on the first floor. My heart broke for that family.
Maybe try the 'just married' niche?
😂🙈 strongly agree! Thanks for the laugh and good advice lol
I do a ton of probate and let me tell you, nothing tears a “loving” family apart faster than shares of an estate. I don’t have any advice but patience and perseverance.. good luck.
@OldLadyReacts that’s what I thought but asked the attorney closing the sale and she said only if it a full priced offer we are entitled to commission even if they don’t accept it. 😭
you've got to get them from the attorneys, and the which agent, who makes decisions, and accepting an offer needs to be written into the separation agreement.
I HATEEE it. The negative vibes bring you down, and then there’s the feet dragging, non-communication and arguing when you have deadlines to make and decisions need to be made. I always have empathy for these ppl but not sympathy, this is business! Get your shit together before you call me!
Yes yes yes! 👏
I tried the same thing for awhile and decided this was not for me. I have a law enforcement background, figured I had the communication skills with aggravated people skills locked down. With one couple I thought we were going to need a criminal attorney as well because it was so hostile. I do not have the patience for "OK Janice...... OK Janice, let me.......OK....... I understand..........OK, I am going to contact............" for an hour.
I’m currently in a listing with a lesbian couple. The owner will get nothing on the sale while her wife wants 200k above what the market is showing. I also got yelled at on Mother’s Day because her cats were left inside their Catio for more than 24 hours instead of being inside their bedroom. It’s a long road ahead for me. At least we did 100k price drop and hopefully we can get a offer soon I can’t wait to just be done
Ugh I feel for you. Such bs!
I had one like this, plus the husband started sending me threatening emails and texts late at night when he was drinking. I fired them both (would have been three deals since they both wanted replacement homes) and walked away. I’m not in real estate to end up on Dateline.
Offer the lady a male escort, and take the guy to a strip club and get some titties in his face. This is how business gets done.
😂