Wanda Kubat-Nerdin - Wanda Can!, St. George Utah Area Residential Sales Agent (Red Rock Real Estate (435) 632-9374)

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John McCormack, CRS
Albuquerque Homes Realty - Albuquerque, NM
Honesty, Integrity, Results, Experienced. HIRE Me!

You pull your trump card "Buyer Broker Agreement"  

May 26, 2015 11:49 PM
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy


If they have signed the agreement, they should abide by it.  If they don't one could sue.  I don't know if that is worth the trouble.  We had client for a very large office space, who signed an agreement with us.  We used to make a list of every property shown (these were large office buildings, and we wer showing several floors).  They would also sign off on the fact that we had shown them the building., as would the building ownership.  They did that to give direction to their space planner to draw up a plan at their expense.

One of the assistants decided she could go directly  to the building, because she knew someone who knew someone, and they would get a rebate on the commission.  The someone she knew did not know there was paperwork, and they got fired.

Our then broker, sued, and the court agreed with us.  This suit was definitely worth going through with, as the commission  warranted it.  We won on all counts, and our commission was paid.

May 27, 2015 12:28 AM
Yvonne Van Camp REALTOR
To Buy and Sell Real Estate, see me at Southwest Missouri Realty - Springfield, MO
"Home"work, I have the Answers!

You do your homework and plan your showings so that you know about FSBO and have already made contact with them.  This sets the stage of how you do business.   Have your buyer's agency and do skate around show them you are worth every penny.   If it all goes kaput, then I say NEXT!!!!!

May 27, 2015 12:15 AM
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

If you have a buyer nroker contract, you remond them of it and what is due and payable if they buy a home. Often even though a fsbo says no agents, they are open to just having a buyer and build a fee in.

May 26, 2015 11:19 PM
Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

Not much you can do, other than ask them if they are sellers, if they will cooperate if you bring a buyer. If buyers, even with a BBA, you could be out in the cold, but if buyers, then they did not understand thy do not pay your commission, the seller does...unless you have a locktight BBA. If you do, please share it with me, because I have yet to find one.

May 27, 2015 12:35 AM
Chris and Dick Dovorany
Homes for Sale in Naples, Bonita Springs and Estero, Florida - Naples, FL
Broker/Associate at Premiere Plus Realty

Walk away.  You have no agreement, you have no one time listing, you have nothing.  Never show a FSBO.  If your customer buys a FSBO without you then I guess they really were not your customer.

May 27, 2015 12:08 AM
Richard Weeks
Dallas, TX
REALTOR®, Broker

Congratulate them and ask if they know anyone looking to buy or sell.

May 26, 2015 11:45 PM
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

Thank them for their loyalty and integrity.

Mark this one up to experience.

Put them on "the list."


May 26, 2015 11:33 PM
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Wanda Kubat-Nerdin Before showing a FSBO make sure you have a One Time Showing Agreement in writing with the seller to make sure your fee is covered. Additionally, you should have a Buyer Broker Agreement with your client stating they will pay your agreed upon fee prior to showing any property.

May 26, 2015 11:27 PM
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
CEO of Vision Drive Realty - Coastal San Diego

I have had this happen. Luckily I use a CAR BRE with my buyers.

So, since you have a Buyer Broker Agreement, you'd get your commission from them or leverage it with the seller to get a commission from the FSBO; showing them they can only have the buyer if you are involved or at least paid.

You do use a contract with your buyers....don't you?

The other answer is it can depend on who the buyer is. Is there a long term relationship at risk here? With or without a (BRE) Buyer Representation Exclusive contract, you may have to consider the bigger picture. But, I'd explore the above strategy before just walking away.

May 27, 2015 12:38 AM
Tina Comstock
La Rosa Realty - Jacksonville, FL

Hmmm.... NEXT! Still hoping I could get that seller to buy another house - but not for sale by owner.    :)  

May 26, 2015 11:44 PM
Jack Lewitz
Exit Strategy Realty - Evanston, IL

Ask your buyer to pay your commission and reduce offer accordingly. Don't show buyers FSBO's unless you get agreement from seller to pay your commission.

May 26, 2015 11:20 PM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I would wish them good luck.

Jan 06, 2019 07:49 AM
Hella Mitschke Rothwell
(831) 626-4000 - Honolulu, HI
Hawaii & California Real Estate Broker

Hi Wanda: Get a buyers representation agreement going in so that your buyers know they will have to pay the commission if the seller doesn't. And/or, get a one-time agreement from the FSBO and, if the doesn't pay, swear out a Small Claims Court action which will put a cloud on the property and it can't convey. To me, a deal is a deal, and I don't feel it is good business practice to let people off the hook--unless it is my choice. What I do now? Don't show FSBOs because I end up doing both sides, and I don't want to take on the liability. I basically tell my buyers they are own their own.

May 27, 2015 04:53 AM
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

Hi Wanda -- I imagine that a FSBO sale is addressed in your BBA.  If it is addressed, is it worth pursuing?  That's a question that only you and your broker can answer.  It's certainly a discussion that needs to take place.  There may be alternatives when it comes to compensation on this particular transaction.  

May 27, 2015 03:15 AM