What’s really the deal here? First you AGREE to their terms, which albeit unusual, are sure legal & maybe just the local custom; but now you want to welch, and want our help?
I have an urge to copy your post to the Broker, and I’d sure bet somebody else will too. So if I were you, I’d plan to be paying it-if you’re planning to proceed without also welching on your purchase agreement.
I have recently contracted to buy a house in Tennessee using a Coldwell Banker (Barns/Snow & Wall) real estate agent in Gallatin, TN, who worked hard in finding the right property for me. The Sales Contract (provided by the Coldwell Banker Brokerage) includes the following: “Brokerage Service Fee: A fee of $179.00 will be charged to the Buyer and/or Seller represented by Coldwell Banker Barns/Snow & Wall.” I did not sign the contract in ignorance of the wording; however, at the time I did not feel up to fighting about this fee which is abnormal in my experience. I do want the sale to go forward as otherwise contracted. However, I do not think that I should pay this fee – after all, the agent, not the broker did the work and the agent pays the broker a part of her commission anyway. Do I have any options to avoid paying this fee without jeopardizing the closing which is scheduled for two weeks from now?
Posted by Nate(DC) on August 19, 2003 at 21:37:33:
I wouldn’t consider this uncommon. Virtually all of the major brokerages here in the DC area charge some sort of service fee. Typically it is $195 so you could look at $179 as a somewhat more reasonable fee.
All contracts are with the Broker not the Agent. The Agent gets paid from the Broker not the other way around. The fiduciary obligation is the Broker working on be-half of the Buyer or Seller. Any business conducted by the Agent is for the Broker. If you want to ensure the Agent gets paid it MUST go through the Broker. It is illegal for an Agent to accept compensation directly.