Not exact matches
However, REALTOR ® B had ignored this information as published
by the MLS and had, on two separate occasions, brought REALTOR ® A purchase agreements with copies of deposit receipts that provided for a different amount of
subagency compensation to be payable to REALTOR ® B.
The Hearing Panel's decision noted that REALTOR ® B was indeed entitled to negotiate with REALTOR ® A concerning
subagency compensation but that such negotiation should be completed prior to the showing of the property
by REALTOR ® B.
The panel's decision further advised that it was improper for REALTOR ® B to follow a procedure of inserting the amount of
subagency compensation to be paid
by the listing broker on any document provided to a buyer or a seller, because this is properly a matter to be decided
by the listing and cooperating brokers at the time the offer of
subagency is offered and accepted; and that preconditioning an offer to purchase on the listing broker's acceptance of a
subagency commission greater than he had offered was a practice inconsistent with respect for the agency of the listing broker.
REALTOR ® B defended his action arguing that REALTOR ® A's refusal to reduce her commission
by an amount equal to what she had offered other brokers for
subagency services would have placed the seller in the position of having to pay an excessive amount of commission if he had accepted the offer agreeing to contribute to the buyer broker's compensation.
Furthermore,
subagency is dead only because the industry found its self - interests served
by shifting the potential liability of incompetent subagents to the rising number of buyer's agents.
This shift was adopted only after the practice became known among financial institutions» REO departments and corporate relocation companies, who were advised
by their counsel of the potential liability involved in
subagency.
The proper applications of Agency Law are inherently as much about the individual members discipline, so it's unlikely
subagency was done any more justice
by those who would pretend to understand it.
The common denominator in the complaints is the old - time, veteran salesperson who, because
subagency has gone
by the wayside, has recently put on a buyer agency cap but doesn't yet understand all the duties that go along with it.
Second, mail or other forms of written solicitations of prospects whose properties are exclusively listed with another REALTOR ® when such solicitations are not part of a general mailing but are directed specifically to property owners identified through compilations of current listings, «for sale» or «for rent» signs, or other sources of information required
by Article 3 and Multiple Listing Service rules to be made available to other REALTORS ® under offers of
subagency or cooperation.