In some states it is illegal to mention commissions in the purchase and sale contract.  You should check into that.  Also, talk to your broker about contacting the other broker about the commission originally offered through your MLS.  There might be a way for you to save the deal and get paid the full original amount.

The Buyer is receiving a rebate.

I would call my broker ASAP.  I have never heard of this before.  Yes, you did your job and brought a qualified buyer to them.  It should be worth the full commission.

In my opinion, it is a question of ethics. If the broker was offering a certain split, then that split should be honored. However, if you agree to a 1% reduction then it is done. Our contracts no longer include commission splits -- they are done by a separate agreement between brokers. This was designed to keep the commissions separate from the buyer/seller negotiations.

The answer is that contractual agreement controls the commission. I would have your broker, if you are not a broker, talk to the other broker to find out why this was done. If no good reason is offered, I would report it to the ethics committee. It could also be a question of whether the offer of a split placed in the MLS can hold up in court. I have never come across this situation and would have to study up on it.

It is hard to imagine that an agent could just arbitrarily change the split offer without any recourse on your part. If the seller had reduced the total commission beforehand, and the agent had just not reported the change in the MLS, then it looks like a battle for post-closing.

I would also present the situation to the buyers, objectively, and see what is their reaction.

I wonder if the sellers requested this change or if they are unaware of the potential wrench being thrown into the gears.

Jody

That happens all the time, nothing new here, you don't have to accept the part of 1% less taken from your side, as a matter of fact you can counter that with 1.5% from sellers agent side, it is between you and the sellers agent now.

what was the total listing commission %

I had that happen not long ago, a buyers agent saw that the home was listed at 6% so normally its 3% to each side but she wanted another 1 % so now she is looking at 4% I just countered back to 3%

she then said well you can't blame for asking for it, I said  I don't.

The other agent doesn't owe you any explanation she is working for the seller. it is all part of the agents  negoications.

The broker has nothing to do with it at all.

Is this the first time you experience this Jody?

The broker has nothing to do with it?

If the 1% reduction is included in a stipulation in the Purchase and Sale Agreement, then it is not between the brokers. The buyer has to agree to a counter, because it is the buyer's counter, not the agent's, and the buyer may not agree.

Mike the broker has nothing to do with,

Jody it is common for either a buyers agent or sellers agent to ask for more from either side of the deal because a listing maybe at 6% total does not mean it is split 50/50 automatically.

Everything is negotiable, it is obvious the sellers are happy with a offer over asking price, they did not counter your buyers offer, just the commissions,. if you do not have a problem with the addition of 1% from your side then do the deal.

Vance

In Oregon, it's all a negotiation.  However, I've never had a situation where out- of-the-blue, commission was reduced like this, but I have been involved in a few deals where both agents made consessions to make the deal fly.  I'm sure we all have.

Still, were it me, I'd first call the other agent and get their reasoning on preparing the counter thus.

Then, I would involve my client (the Buyer) in it, explaining the counter you received and your position on a commission reduction.  And I would carefully document those conversations/emails, because...

The danger that I see (under Oregon law): Say I prepared a Buyer's (2nd) counter that did not include the commission reduction, all with the Buyer's knowledge and support.  They sign it and I submit it.  And then say the Seller cancels all negotiations and the deal falls apart and the Seller sells to someone else.

Months pass and my really nice, friendly client decides that I messed up the deal and lost the "perfect" house for them over my commission, and he takes me to court.  The court (here in Orygun ;) could easily rule that I was watching out for my own interests, rather than my client's and award them damages, even though the Buyer signed the counter and knew the commission reduction was not included.  

And that's one reason why, we try to keep commissions separate from sales agreements.

Jody!

""What is listed in the MLS is what we're supposed to get.""

""once in a while you'll get a newer agent or one who thinks they can get one over on you."""

There is no getting over on anyone,  its part of doing business thats all, what we are suppose to get and end up getting is part of it.

I wish you the best Jody, lets us know how it works out I can't wait to see the ending.

Vance

The listing agent should have reduced their split if the seller requested it, or gotten the agreement of the buyer agent to both take a reduction. To put a 1% reduction from the buyer side, with no prior warning or agreement, into the stipulations, is unethical.

If you ever get sued, Vance, make sure you tell the courts your broker had nothing to do with it.

The agent is trying to grab another 1% from Jody side that's all.

What warning was missing, it was stipulated in the counter, now Jody needs to either counter her counter or take the deal.

As I see it all comes down to the commissions once again how about the interest of the buyer and seller here.

Mike I do not plan to get sued, but if I do I will ask for you legal expertise.

Vance, it is about the interest of the seller and buyer, that is what we are talking about. For the listing agent to include the commission reduction in the stipulation makes it about the commission. The listing agent should have worked out the commission split in a separate agreement. You keep saying Jody should counter -- Jody can't counter! The buyer has to counter.

If you get sued, my legal advice will be -- the broker has nothing to do with it, good luck.

Wow, good debate. Jody I think you are right. As a sellers agent, I have agreed to take less if the offer was less from the Buyer just to get the deal done and asked the buyer's agent to do the same.

But you say this is a full price offer. Unless the buyer is asking seller to pay alot of their loan, prepaids and closing costs that they had never intended to pay I don't understand why negotiating the agents fee is coming up.

I would talk to the agent and find out the reason that this is on the contract. The only time I had to even mention commission on the contract was when a sellers agent did not want to coop with me. The seller didn't care, but the agent did not want to split. We put it in the contract on advise of my Broker at the time. I thought that was good.

I am thinking there might be more to the offer or the agent is just jerking you around.

Mike, The broker has everything to do with it. Where do you think these salespeople learn this type of behavior? O.K., so they didn't "learn" it from the broker, but a "nod and a wink are the same to a blind man". Let's stop pretending I'm an "independent" agent. I can only hang my license with one store. Unlike an insurance salesman, I have only one product to sell - The Name of my Broker. A customer should have the right to expect that laws and rules are followed by the "employee" of the Broker. While I have my own good name to protect, the buyers and sellers believe they are dealing with the Company. This is where the fallacy of marketing yourself, at great expense, is in fact, marketing the Company name. As far as lawsuits, the lawyer will go after the "deep" pockets. Isn't that why every broker makes sure our EO is paid? Let's call a spade a spade. The broker "should" know what his salespeople do (kind of why the commission requires records to be keep there is a file) and if more brokers got rid of the bad apples, our image as professionals would sky rocket.

Greg, I believe that was Mikes contention. Vance was the one that said the broker had nothing to do with it.

Oops! My bad. Sorry Mike.

Gregory, don't make me have to come up to NJ and put you in rehab for coffee-addiction.

Jody

You just hit the nail on the head

""'And if this was the case and deals were being lost because the agents were fighting over and couldn't agree on the commissions, why would buyers and sellers even want to work with a Realtor?  We'd be losing deals over commission struggles left and right!"""

Jody you also have the same opportunity to ask another agent in another deal for more, Why not ? you tell me.

Now as  from what I can see your full price offer is not the issue at all

Discussing your commissions ahead of time with the sellers agent !!  

Now is the time because it came up, I am not going to discuss commissions  or anything with any agent ahead of time, at any time.

You have a seller and buyer who have agreed on the selling price right?

But now we have two Realtors with a commission problem, Gee what was advertised in the MLS is just that and advertisement, commissions are negotiable, that agent is not deciding what your commissions should be, You are in control of that, its up to you to take the offer or not.

As you stated above deals being lost because agents are fighting over  commissions.,

It does happen Jody, and it may happen here because we have the same thing going on at least on this message board to loose a deal over commissions... agents are not changing any rules out of the blue, show me what rules they are changing? and how many lawsuits are pending now?

I know what I would do...

Vance

The commission and the split are in the listing agreement, put into MLS. We've all made concessions, I'm sure, but they are negotiated verbally between Agents and when both parties agree, both present it to their clients to gain their approval.  In Mass. the commission and the commission split must be included on the P&S as full disclosure.  I had one agent who tried to put in "as agreed to".  By whom?  You with your seller?  Ok that's fine.  But did I agree to something that I don't know about yet?  Nope, put the amount or percentage in and "to be shared equally by XX and YY."

Maybe the Seller asked his agent to take a reduction because the house sold so fast, above list price, whatever and he's trying to stick you with it so he gets his full commission.  If that's what he's doing, that's just sleazy but I would just ask him what the story is behind the reduction.  If the seller asked for it, and you're willing, tell him you would consider sharing that burden with him.

"You are in control of that, its up to you to take the offer or not."

I give up. Oh well, off to work.

Gregory Bain said:

Mike, The broker has everything to do with it. Where do you think these salespeople learn this type of behavior? O.K., so they didn't "learn" it from the broker, but a "nod and a wink are the same to a blind man". Let's stop pretending I'm an "independent" agent. I can only hang my license with one store. Unlike an insurance salesman, I have only one product to sell - The Name of my Broker. A customer should have the right to expect that laws and rules are followed by the "employee" of the Broker. While I have my own good name to protect, the buyers and sellers believe they are dealing with the Company. This is where the fallacy of marketing yourself, at great expense, is in fact, marketing the Company name. As far as lawsuits, the lawyer will go after the "deep" pockets. Isn't that why every broker makes sure our EO is paid? Let's call a spade a spade. The broker "should" know what his salespeople do (kind of why the commission requires records to be keep there is a file) and if more brokers got rid of the bad apples, our image as professionals would sky rocket.

---------------------------------------------------------------------

We are talking about commissions here between two agents thats it,

Your broker is now going to control these commissions.? Wow (Not)

What laws/rules are broken here??? do you have a link so we can all see the laws?

All of a sudden laws/rules are broken, are there any real estate lawyers that would like to lend a hand in this conversation here?

Jody's deal is not uncommon as I said before there is nothing wrong with another agent asking for %  in a deal.

Its Jody's parade now.

I know what I would do.

vance

Very interesting subject!  I decided to throw my 2 cents in (or better yet, 1%).

Logically, (not being an attorney), I think there may be a problem.  In Colorado, the commission is established in a listing contract and if the property is listed in the MLS, the commission amount/rate is established in this contract between the Seller and Listing Agent.  This commission amount is then made visible as part of the property listing in the MLS.  To change this commission amount would require an amendment to the original listing contract and subsequently this information would be updated in the MLS (visible to all cooperating brokerages).

I would question the legality of changing the commission amount in a Contract to Buy and Sell Real Estate (Purchase Offer).  

In addition, I would contact an attorney or the local board to see if I know what I am talking about.  After doing this (as fast as possible), if I was correct, I would contact the supervising broker of the other agency because they need to be supervising their agents.

Just some additional thoughts.  I could be way off but that wouldn’t be the first time.

The contract of purchase is between the buyer and the seller, so both of them would need to agree to the reduction in commission for one of the agents.  Then, if your Buyers Agency Agreement has a stipulated commission amount, the buyer would be responsible for paying the additional 1% themself to you, so there shouldn't be a reduction in your total commission from the deal.

If the buyer and seller agree to the reduction in commission to the buyers agent, that's between them.  There's a separate contract between you and the buyers that you'll need to deal with separately the way I see it.

Am I missing something?  In my area, commission splits are a separate agreement that both brokers and both agents sign, but is NOT part of the purchase contract.

Jody....wow....that is some kind of a criminal agent.....

Jeff

They are not changing the original listing commission or the MLS , all they are doing negotiating between themselves what share of that listing/MLS commission each will get that's all.

This is not  complicated, at least for now anyway.

Vance

ALL OF YOU ARE IN CONTROL.

The Listing Broker controls the fee paid to the Buyer Agency in MLS.

You control what you get paid with your Buyer Agency agreement.

If you chose to accept the MLS offering, that's your decision.

IN ANY CASE: it should not be in a purchase agreement between the seller and the buyer.

If that's the case the seller and buyer would negotiate the commission dollars away FIRST for the listing agent and the buyer agent.

GOOD LUCK,

ps: remember this forum is on the Internet, so be careful what you post.

<<lazy, ignorant or just plain SLEAZY>>

YOW. I say all of the above. And add unethical to the mix. Shee. Poster child for higher entry standards, LOL

In AZ commissions are always set via separate agreement. I don't know about Ohio, but it's pretty likely that agent was acting in his best interest, not his client's.

I would have my broker bring this to his broker's attention asap.

Example of flogging a deceased equine...

Jody, are you saying the listing agent helped the seller set the price and it was set low so the listing agent could buy it himself?

Phil, you have a way with words.

Hi Jody Its me again ha ha

Well really it still does not matter what he tells Ya, it could be all garbage and a classic fairy tail.

You still have a task at hand and that is a very simple one.

DEAL OR NO DEAL

Vance, all commissions are paid to the BROKER!! The agent gets a split, but the check is not made out to the agent. Therefore the BROKER does control the commission. Have you ever left a closing with a check made out to Vance Remele?

Anyway, the listing agent in this situation can ask the selling agent to take a lower commission, but if the selling agent does not want to take less, she is entitled to what the listing agent offered in the mls. It doesn't even matter what's in the purchase contract because the commission is determined by the listing agreement.

I would go back to the listing agent with this offer, if the commission offered for example is 3% of $200,000 that would come to $6,000. 1% less would be $5,940

OK I think we've killed this one. LOL

Phil

""Example of flogging a deceased equine..."""

Thanks I need that I just could have not said any better.

My next post will have a referral aggreement attached to it for 20% of both sides ha ha ha .

Everyone have a great day

I have to go feed my horses

Vance

Vance I am surprised by your comments since you operate under the same Florida laws as I do. Your Far Listing agreement (line 94) clearly states what is to be paid to the selling agent. Under what pretext does the selling agent have the right to arbitrarily change this written contract. I agree both agents can offer a concession of THEIR (not the other party’s) commissions to make a deal work however the selling agent does not possess the right to make this change on his own without the seller’s authorization. This would require a written change to the listing contract.

In addition the MLS posted commissions does rule. If the seller did change the rate of commission and you failed to change it in the MLS you would probably lose if the buyer’s agent filed a complaint and you would be liable for the difference.

As to the Broker not being involved, again in Florida you are responsible as the broker for everything your agents do and to not pass something like this by the broker, if you worked for me, would be the last deal you did  under my license. I’m not out to test the value of my E&O insurance.

No offense but perhaps a refresher course in CORE Law is in order.

Well said Gary

Anson, yes I think it has been beat to a pulp and Becky didn't even show up with her bat or Scott with his six shooter. We did have a guest appearance by Spiderman Mike and Howie showed up with his deal or no deal speech.

Wait, I think the equine is still breathing-agents who help sellers set price so agent can buy? That may take on a whole life of its own.

Just when I thought it was over with good news from Jody.

Anson comes along with this one::

"""Have you ever left a closing with a check made out to Vance Remele? """

Oh Anson do you really want to know that answer or should I just e mail it to you?

Ok I might as well answer it....

The answer is

YES everytime I sell a property the check at closing says

Payable to Vance Remele

Hope this has help answer your ?

Vance

What an interesting HEATED debate!  

First off, every state is going to have different rules on this.  So Jody, you need to talk to your broker or your board office.  

In Indiana, are not supposed negotiate the commission on the Purchase agreement.  That has nothing to do with the buyers or the seller at that point.

When the seller listed the property they agreed to a certain commission.  Then the listing agent post what he is going to compensate the buyers agent in the mls.  So why does it need to be brought up in the PA?  

If you have  a problem with this and think the listing agent is violating MLS rules or Realtor ethics, you need to take this to arbitration AFTER closing.  This is not something you need to involve your client, the buyer with.  This is not their problem.  It is solely between you and the listing agent.

Jody, I would report this agent. I have never heard of such a thing. The point of the MLS is to Let all agents know that if you bring them a buyer the commssion will be as listed on the cut sheet. You can never plan on selling your own listing that you put in the MLS and you shouldn't be able to take 1% from the buyers agent because things didn't work out. he screwed up he needs to take the loss. An OFFer To Purchase is between the buyer and seller not the agents. If any change is made in the Commission, why would it be in the contract? I can see both sides taken the same cut to make the deal but it still is not in the contract that agent is shady and probably was hoping you missed it and didn't find out untill you saw the HUD and it's his own fault for pricing it rock bottom. The Commission does not belong in the clients contract to purchase ever. The seller should have contered with a higher sale price to cover the 1% Did you do a CMA to see if he is telling the truth?

Thank you for the post Jody.

Gary this is not what you say it is.....

Its this with no contract changes.

They are not changing the original listing commission or the MLS , all they are doing negotiating between themselves what share of that listing/MLS commission each will get that's all.

This is not  complicated, at least for now anyway.

Nothing Was Changed , Nothing, just two agents negotiating commissions.

And they both had just sealed the deal, and yes

I know about Florida Law/ Rules along with Georgia and Connecticut .

So now were are we going with this?

Vance

Oops Gary

You need to read all of my post  before you post..

I missed this one

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As to the Broker not being involved, again in Florida you are responsible as the broker for everything your agents do and to not pass something like this by the broker, if you worked for me, would be the last deal you did  under my license. I’m not out to test the value of my E&O insurance.

No offense but perhaps a refresher course in CORE Law is in order.

---------------------------------------------------------------------

No offense Taken,  but same thing applies to You also Gary more so.

My point was that a broker did not need to get involve it Jody's deal and it was settle without one can you image that No Broker.

I guess we will not be buds huh Gary, I sure hope I get deal going your way it should be Fun..

Vance

Jody,

Please advise the other agent of the turmoil they have caused here at RELib!  It's like the Hatfields and McCoys!

Mike;  Can you write something about puppies for us?  A little redirect?

I would talk to your broker ASAP. In my state changing the commission paid afterward via contracts is not legal.

Todd

A contract is about one thing. As far as the Agreement of Purchase and Sale goes it is about the purchase of the property.

A contract can not be about 2 things bringing in commission, which is addressed in a separate contract, into the Agreement is a violation of contract law and if something happend with regards to the seller or buyer not fulfilling his/her obligation and this went to court there would be no contract at all. That agent is not protecting their client and holding their clients interests above all others. The agent should know this.

I think I'd have to disagree with you, Todd, or maybe I am misreading your post.

I can't think of a situation, in Oregon, where specific terms of any valid contract could not be changed by a new contract as long as the terms were legal.  

Now, just using a Buyer's or Seller's counter offer would not suffice, but a new contract (addendum) between the two agents, their respective brokers, and the Seller, (and the Buyer if required), stating a new total commission, and/or a new distribution of commissions would be legal.

Quoting from our standard sale agreement form (Oregon):

"Real estate fees, commissions or other compensation for professional real estate services provided by Listing and/or Selling Firms shall be paid at closing in accordance with the listing agreement, buyer service agreement, OR OTHER WRITTEN AGREEMENT FOR COMPENSATION."

Mary you are right you can't stand in the way of your client buying this home because the listing agent (who if is not the Broker of Record works for a Brokerage, is an "employee of", so is selling in the name of his Brokerage, who's commission this is and is responsible for everything this listing agent does - the Broker pays the sales agent in my state) is cutting the commission promised in the MLS.  However as soon as this deal closes you should be able to take this to your board as a greivence and get the agreed upon MLS commission.  However both Brokers should be made aware of what is going on.

In another world this could be considered a bate a switch... For those non-RE people out on the net who may be reading this blog, I will give an example of what is going on. Your business is cleaning homes.  You read an wanted ad in the paper where someone is offering to pay $100.00 to clean their home.  You are contracted to clean that home - after spending 8 hours on the job, and completeing all the tasks, the person who hired you decides to pay you $75.00 instead because they were really thinking of doing this job themselves...

Sorry Mary this happened to you!

Jana

Jody I just changed your name to Mary... that will teach me to stay up half the night working!  Sorry about that too!

The Department Of Justice

Just some important information about Commissions, Rebates and other inducements to the home sellers and home buyers consumers will now be able to avail themselves of the benefits of increased competition through broker-offered rebates, discounts and other inducements."

This decision in effect has change the face of real estate nationwide and has some Real Estate Commissions in other states changing there laws already and not enforcing the old laws for the time being until the changes are made.

http://www.usdoj.gov/atr/public/press_releases/2005/210058.htm

Vance

Realtor Code of Ethics, Article 16, Standards of Practice: “Realtors shall not use the terms of an offer to purchase/lease to attempt to modify the listing broker’s offer of compensation to brokers nor make the submission of an executed offer to purchase/lease contingent on the listing broker’s agreement to modify the offer of compensation.”

""the Broker pays the sales agent in my state) is cutting the commission promised in the MLS.  However as soon as this deal closes you should be able to take this to your board as a grievance and get the agreed upon MLS commission.  However both Brokers should be made aware of what is going on."

____________________________________________________________

They will get the agreed upon commission, one will just be 1% higher on one side whats wrong with that, the broker is not the one who negotiates the commissions, he gets whats been negotiated.

What grounds would file a grievance?

Vance

I think Article 16 would be a good start for the grievence.

Five Stars for everybody.  Too bad we can't spend the stars.

There you go, Jody!   No, don't forget to let us all know what happens, please.

Phil

Jana, I had to go look and see if I wrote this blog, lol.

Phil, when the dust has settled I just want to know if I was a Hatfield or a McCoy and who is going to bury the horse.

Mary, you are definitely a Hatfield.  I can tell by the photo!

Yes, the poor horse...not sure what we'll do with that.... drop him off at your house?

:)

Phil

""when the dust has settled I just want to know if I was a Hatfield or a McCoy and who is going to bury the horse"

_________________________________________________________

It won't be the Ethics committee that will bury the horse not on hearsay.

Wilberrrrr

Wow.....OK I have to chime in.....Vance if you are doing Business in Florida and I see you are, then you should be aware that the MLS Rules state that the Offer for compensation is basically set in stone.  If you are using the SAME MLS Mid-Florida then you can find the rules on www.MFRMLS.com  

Also, it is unethical for the Listing agent to change the compensation without the knowledge or agreement of the Selling agent.

Finally, Under Florida Law, Realtors do not get paid.  Brokers do.  An agreement to reduce commission must be two things.  Agreed upon in advance and between the Brokers.  

If your broker allows you to take cheques from the closing in your name then that is fine, but you cannot legally give away any of your commission without your Brokers advance permission.  With that said, it happens every day, in every office.  And if you are the Broker then you have your own rules.  

But in the event you and I do a deal and we agree to reduce our commissions to get the transactions through, don't be offended when I ask you to get your brokers signature on my Broker to Broker agreement.  

I pity the agent who does something like this to one of my hard working agents.  Not only am I going to collect the remainder of the commission after the closing (I am speaking from experience here) but I am going to levy multiple ethics charges against them.

Lastly, when these two young Realtors go to the board to air the grievance, the Brokers better damn well be there supporting their agents.  If I were sitting on the Ethics panel (Which is something that I do in my board) when they walked in, I would want to talk to the Broker on the listing side and find out what the hell he/she is thinking.  

If you think I am wrong about any of the things that I have stated, let me know.  I am not going to go back and forth 62.3 times.  I will just post all of the applicable rules.  

The commission is controled by the broker and the seller. Once a listing contract is signed with a stated commission amount that amount can't be changed unless the brokers agree. The agents have absolutley no control over this. Keep in mind that the listing is with the broker and not the agent.

Here in Arizona comission written into the contract is a NO NO..... The PLANO has what the comission is and if you put in an offer and the PLANO had x amount then that is what you earned.

I had a similar case and my broker called their broker and said you eat it or we will take it to the board.  They ate it....

That is so absolutely outrageous I can hardly believe it. I don't see how it would be so simple as the buyer and seller agreeing that you'll accept less. Talk about a sleazy trick though; making you put that in front of your buyer.

In Illinois the sponsoring broker/firm receives the commission and then a check is later distributed to the agents.  It also makes good business sense for checks to be only written to you company...

Q: Is a cooperating broker who procures a buyer entitled as a matter of law to half of the commission that the listing broker receives?

http://www.floridarealtors.org/LegalCenter/AskanAttorney/Commissions-Legal-FAQs.cfm

Vance

In Florida if you are a 100% agent  or for that matter any  kind of split agent all the broker has to do is notified the title company to sign off on the commission check.

In my case there are two check drawn one made  to yours truly and a check made out for the broker.

This is also not a complicated process, the last deal I did was this at Centex Homes a National company sale price $230,000 x 3% = $6,900 total commissions out of that My check made out to me Vance Remele was $6,650 My brokers check was for $250.00 made out to his company in which I hand delivered it.

My independent contract states I get paid at closing.

None of this is hard it all comes down to what is happening in the real estate industry today.

I have the same deal here in Georgia, which by the way is just now going through the new industry changes and are having a rather hard time understanding the changes and for the most part are in shock that this has happen to there 40 years of(NAR) traditional real estate.

Stop by and visit those sites and see for yourself.

http://www.GeorgiaPeachRealEstate.com

As a footenote Connecticut is even worst that these changes are here to stay.

http://www.ConnecticutHomeFinders.com

Have a great day

Vance

Gary De Pury said:

"""If you think I am wrong about any of the things that I have stated, let me know.  I am not going to go back and forth 62.3 times.  I will just post all of the applicable rules.  """

____________________________________________________________

Sorry Gary you are wrong

Vance

Ga's  MLS has the following disclaimer

"Information is deemed reliable, but is not guaranteed."

This would mean that we are to verify the commission before hand. It is not always correct. I have seen it it state 5% then when you ask about it you're told "OH my bad it's really 3%." or whatever they come up with. So this should be a CYA area in all states. IMO..

Good Luck Jody

For those who understand, no explanation is needed. For those who do not understand, no explanation is possible.

If the listing Realtor took this listing on a reduced commission for whatever reason, and he offered 3% in the MLS, he should have to live up to his own mistake.  He made his bed, now he should have to lie in it.  

Further, if it had been disclosed that the commission to co-broke were going to be a percentage lower, then the selling Realtor would have had the opportunity to discuss with the buyer the merits of purchasing the house at this great price AND paying the 1% difference in commission to the Realtor.  It would be very difficult to go back now and ask the Buyer to pay that and could make the selling Broker look bad.  

This is a clear violation of NAR code of ethics, as Jody and Gary have pointed out.  Vance, the only terms I would think that commission would be negotiable on this point would be if it were stated in the MLS that commission may adjust based on net to seller.  I understand your point, but commission split are protected through the Code of Ethics and Standards of Practice.  This is the very reason we have these in place, to protect hard working, ethical Realtors from these type of tactics.