If You Are Going To Work Short Sales... Know How To Get Paid.

Hi folks. Bob Hertzog started a good conversation earlier this week on his article....


Some how the comments made it around to commissions. One of the responders stated:

  • "...because it is the investor and/or pmi (mortgage insurance) who determines who gets what and how much."

And of course since this is dealing with Short Sales and how we get paid I just had to chime in.....

The above statement is not correct. Our listing agreement with the seller determines how much we get paid and how much of a co-broke we are offering selling agents. The listing agreement is between the seller and the broker. The lender/investor/sevicer/MI company (let's call them lender for simplicities sake) have ZERO say so in this agreement.

Based on contract law and and anti trust laws these entities CANNOT dictate how much I charge for my services. Commission is 100% between the seller and their broker.

This is a fact that agents need to understand.

Now having said that, the lender, can dictate how much of the commission they are willing to accept in their loss. Their loss is the portion of the commission that they will allow to be paid out of the proceeds of the sale. This however does not release the seller from paying  the commission as per the term of the listing agreement. We may choose to accept this as full compensation but it is our choice NOT the lenders. 

The seller can pay us additional compensation from their pocket NOT the lenders pocket. This can show up as a POC (paid outside of closing) on the HUD. The seller can also sign a note for the commission owed and pay it off over time. They can pay at time of listing***. The buyer can pay a portion of the commission on the HUD. There are many ways to get paid.

OR...we can choose to be at the mercy of the lender. Personally I choose to control my own business. I do not bend over for lenders just because they say this is how we are to do things. But of course this is just my opinion. What's yours?

***Please check your State's laws about advance fees and short sales.

Are you facing foreclosure in Florida?

Do NOT be foreclosed on! Avoid foreclosure. Short Sales DO close.

Want to find out more?

***I am NOT an Attorney nor do I play one on TV. Click the button below for my Bio.

The BIO for Bryant Tutas

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***I am NOT an Attorney nor do I play one on TV. Click the button below for my Bio.

The BIO for Bryant Tutas


 Tutas Towne Realty, Inc handles Florida real estate sales, Florida short sales, Florida strategic short sales, Florida pre-foreclosure sales, Florida foreclosures in Kissimmee Florida Short Sales, Davenport Florida Short Sales, Haines City Florida Short Sales, Poinciana Florida Short Sales, Solivita Florida Short Sales,  Orlando Florida Short Sales, Celebration Florida Short Sales, Windermere Florida Short Sales. Serving all of Polk, Osceola and Orange Counties Florida. Florida Short Sale Broker. Short Sale Florida.

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Comment balloon 109 commentsBryant Tutas • December 20 2010 04:41PM
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