New Registrants might also wonder how a savvy Practitioner could herald «sub-agency» in one paragraph of a herein letter with: «I guess you could say praise
for subagency.»
I guess you could say praise
for subagency.
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.
REALTOR ® A filed a listed property with his local MLS offering to pay a fee
for subagency services.
In following this practice, REALTOR ® B was, in effect, presenting a demand
for a subagency compensation greater than that which REALTOR ® A, as the listing broker, had specified in the information filed with the Board's Multiple Listing Service.
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.
REALTOR ® B responded that he had a right to negotiate with REALTOR ® A as to the
subagency compensation he would receive
for his work, and the amount he had put on the deposit receipt was the compensation
for which he was willing to work.
If there was no agreement on the essential terms and conditions of such
subagency, including compensation, there was no authority
for REALTOR B to show the property or to procure an offer to purchase.
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.
Apparently, at least
for some,
subagency meant you could be seen to write an offer on another agents listing, even though you hadn't personally seen it!
Even after signing exclusive buyer's agent agreements, some buyers think they can still shop around
for other salespeople the way they could under
subagency.
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.