The desire of the buyer to save money on buying an apartment is quite understandable. Sometimes the stumbling block in the bargaining between the buyer and the seller is the amount of money equal to the cost of the realtor’s services. Recently I was told another case of bypassing a realtor. The buyer simply returned to the apartment after the show and began to negotiate with the seller. You will find out how the case ended at the end of the article. It should be noted that I, exclusively, stand for business relations and the conscientious fulfillment of obligations assumed. I have ever participated in litigation related to the collection of a commission to a realtor. There are various court practices on this topic.
There are cases when it was possible to prove the fact of the services provided without a signed contract, the realtor was awarded a fee. There is a reverse situation; sometimes it was not possible to collect a commission even with a concluded agreement and a viewing list. The general trend of litigation boils down to one thing. First, it is necessary to prove that there is an agreement with the owner to sell or with the buyer to buy an apartment. Second, to establish the fact of attracting a buyer, and in the case of rendering services to the buyer, the fact of finding and selecting an apartment.
Confirmation of the availability of agreements and the process of rendering services can be a contract, correspondence, minutes of meetings, etc.
However, it should be noted that each case will be considered individually. In UK real estate agents, codified law, not case law.
How do buyers and sellers bypass a realtor?
- The seller refuses to enter into a contract. In this case, it is important to correspond with him. Even if he does not sign the contract, you should send him the project by e-mail and request passport data or a response to agree to sign the contract in the future.
- The buyer looked at the apartment and came back to it to communicate directly with the seller. At the first meeting, sign a show protocol or a view list with the buyer and the seller, in which it should be recorded: who is the agent, who is the buyer, who is the seller, the date of the show, the address of the object.
- The parties exchanged telephone contacts with you. This happens quite often, you should not panic, perhaps it was done formally. It would be reasonable to prepare a protocol of the meeting, in which you can record the issues discussed, the agreements reached, the circle of those present.
- There are times when different agents showed the apartment to one buyer. Who should I pay the commission to? In the west, the issue is solved simply. The seller would be obliged to pay remuneration to both. Everything is complicated in Russia. The money will go to the one who has a stronger evidence base.
- Often, buyers contact the seller through a management company or through an HOA. In some cases, mutual acquaintances are found, or the contacts of the parties are beating on the Internet. A year ago, the buyer reached out to the seller by finding his contacts on the network. The seller was the spouse of a notary. After sending the claim to the court, the seller wanted to resolve the issue out of court, paid a commission to the agent with a small discount.
- There are cases when realtors themselves are pierced. And after that they don’t even understand how the parties found each other. You should carefully look for the seller’s contact information in the documents transferred to the buyer.
- Owners often advertise themselves on the Internet or do it through their friends. All advertisements for the apartment should be checked and scouted.
How did the story end with the return of the buyer to the apartment after the show?
After the meeting, the seller called the realtor back and said that they wanted to negotiate with him directly. Such actions were regarded by him as unreliable; it was decided to refuse to cooperate with such a buyer.