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Updated over 1 year ago on . Most recent reply

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Mike Schorah
  • Rental Property Investor
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Does a real estate agent get paid if no contract was signed?

Mike Schorah
  • Rental Property Investor
Posted

Hypothetical 

A real estate agent contacts a potential seller (Lead A) for business. Lead A states that she’d like to see if the real estate agent can find her a buyer. If not, then Lead A states that she’d like to put the property on the market.

The stars align and the real estate agent contacts another potential seller (Lead B) who is interested in finding a property first in this tough market. Lead B states that if the real estate agent can find a property matching his criteria, he will use the real estate agent as both a buyer’s agent and a listing agent.

Lead A’s home matches Lead B’s specification in what Lead B wants in a property.

How does the real estate agent get paid in this scenario? Does the real estate agent need to have paperwork signed as a buyer’s agent to get paid or can the real estate agent just match the buyer and seller somehow and get paid? If the real estate agent doesn’t want to sign a buyer’s agency agreement, can the real estate agent still get paid for matching the buyer and seller without a listing agreement with the seller?

For instance, in Pennsylvania

Most Popular Reply

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Jonah Hartsburg
  • Investor
  • Marion, IN
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Jonah Hartsburg
  • Investor
  • Marion, IN
Replied

Hi Mike,

This is a fun one. Even with what appears to be implied agency, that doesn't mean there is an "implied commission". The real estate agent should have outlined any agency relationships and commissions in agreements beforehand.

On the other hand, the Buyer and Seller might want to consider the long-term relationship and whether a transparent commission should be given. This seems to be a diligent agent who wouldn't want to work for free the next time around.

(Hypothetically) I am not a lawyer or a licensed agent in Pennsylvania, I am not aware of which Pennsylvania laws apply here, and this is not advice. 

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