Real Estate

GTA real estate broker demands commission even after failed house sale

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  • Sep 8th, 2018 8:16 pm
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19 replies
Deal Addict
Feb 5, 2009
2806 posts
940 upvotes
Newmarket
This guy is a big shot broker in Newmarket, and this may cost him much more than the commission he is suing for.
1) Really bad publicity for him.
2) False advertising.
3) He implies the seller should listen to his legal advise, that is far beyond his expertise.
Sr. Member
Oct 13, 2011
860 posts
734 upvotes
This is an example why it is better to go the Comfree route as contrary to what the Realtor Association try to sell to the public, some of their members are only looking out for their own interest rather than the people who hired them in the first place.
Deal Guru
User avatar
Dec 4, 2009
10108 posts
6523 upvotes
putz
"I'm a bit upset. I've been grab by the back without any alert and lubrification"
Lucky
Deal Addict
Dec 23, 2010
1897 posts
969 upvotes
Moon
NEVER EVER EVER EVER use an agent. If you are too stupid to buy or sell a house without one then don't buy or sell houses.

Agents are:

1) Scammers and liars
2) Greedy and don't have your best interest at heart
3) Overpriced and overpaid for the work they do
4) Can cost you a lot of money in legal fees when their greed gets the better of them as shown right here.
5) Completely necessary. Their works is not complicated and you can do it yourself with some basic grade school research skills.
Deal Addict
Jul 3, 2007
4253 posts
4707 upvotes
Toronto
Homerhomer wrote: This guy is a big shot broker in Newmarket, and this may cost him much more than the commission he is suing for.
1) Really bad publicity for him.
2) False advertising.
3) He implies the seller should listen to his legal advise, that is far beyond his expertise.
he'll probably try to legally change his name now lol.....
Sr. Member
Jul 22, 2015
854 posts
501 upvotes
Ontario
At first I was siding with the sellers, but then when I read that the sellers re-listed the home with another selling agent, I'm kind of siding with the agent. He did his job by selling the home. He spent his time and money to advertise, etc. he should get paid...at least something!

These sellers could have hired him again to re-sell the home so he would have had the opportunity to make some income instead of this being a complete waste of his time and money.

I was in a similar situation where my house was sold and the buyers backed out 1 month before closing. The advice I got was to re-list the home and if there was a loss to me from my 1st offer to my 2nd offer, then I could sue for the difference, plus costs, etc. There's NO WAY I would have let the 1st buyers out of any legal responsibility like this seller did. I also re-hired the same agent to sell my home! In this case, I think the original selling agent is entitled to some sort of compensation.
Penalty Box
Aug 26, 2017
494 posts
115 upvotes
Why people still use agents is beyond me! Now that the sales data is publicly available, one can easily sell the house themselves through the use of comfree.
Deal Fanatic
Jul 3, 2011
6517 posts
3808 upvotes
Thornhill
heynayjk wrote: Why people still use agents is beyond me! Now that the sales data is publicly available, one can easily sell the house themselves through the use of comfree.
Do you know what's also neat about the relaxed sales data?

People get to finally see how fsbo sales listed via the MLS rate against Realtor sales.

fsbo companies won't like that much.
Deal Addict
Jun 7, 2017
1043 posts
842 upvotes
BC
If the RE agent wins his case it will absolutely decimate the agent industry by setting a legal precedent. I bet OREA is desperately hoping that he loses.
Newbie
User avatar
Sep 1, 2018
13 posts
14 upvotes
Toronto, Ontario
heynayjk wrote: Why people still use agents is beyond me! Now that the sales data is publicly available, one can easily sell the house themselves through the use of comfree.
totally agree, my niece bought their house with instaoffer and got 25k in commission rebate except for a flat fee.
Deal Guru
User avatar
Sep 8, 2007
12174 posts
16976 upvotes
Way Out of GTA
Wow just reading that article had steam coming out of my ears.

But if anything she should be counter-suing the brokerage and agent and buyers. Come on RFD lawyer peeps, someone step up and offer to represent her for free. The goodwill generated would be immense.

Notice OREA and TREB..not our place to comment...you mean on agents suing buyers when they tried to double end, failed and with not having a legit buyer and having to sell later in 2017... No no need to comment..scumbags
Newbie
Jan 7, 2008
46 posts
4 upvotes
licenced wrote: Do you know what's also neat about the relaxed sales data?

People get to finally see how fsbo sales listed via the MLS rate against Realtor sales.

fsbo companies won't like that much.
The FSBO's were handicapped by lack of information (access to house sale data). That is no longer an issue.

Generally speaking, the real estate industry is changing. On a go-forward basis there will be many more options that will bring pressure to bear on traditional commission rates. The recent court ruling is just one of them.
Member
User avatar
Sep 6, 2018
212 posts
90 upvotes
She should have read the contract properly. It sounds like he lowered the selling commission so that he gets a commission even if it doesnt sell.. I think she will lose the court case.
Deal Fanatic
Jul 3, 2011
6517 posts
3808 upvotes
Thornhill
No they weren't!

Comfree has for years been a brokerage that belongs to every major real estate board and so had access to every detail.

Property Guys used board brokerages to farm out their fsbo listing to so they could get on to MLS and so had access to every detail.

All other fsbo listings are through Realtors with registered brokerages and who offered the service and so had access to every detail.

Yours failed but it was a nice try at obfuscation!
Ceece wrote: The FSBO's were handicapped by lack of information (access to house sale data). That is no longer an issue.

Generally speaking, the real estate industry is changing. On a go-forward basis there will be many more options that will bring pressure to bear on traditional commission rates. The recent court ruling is just one of them.
Deal Fanatic
Jul 3, 2011
6517 posts
3808 upvotes
Thornhill
Furcorn wrote: If the RE agent wins his case it will absolutely decimate the agent industry by setting a legal precedent. I bet OREA is desperately hoping that he loses.
Several of those have already been won by the suing brokerage.

From the way the article reads I think the brokerage is wrong here and stands to lose or be counter-sued by the seller for negligence in case the seller does lose.

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