Asked in Contracts and Real Estate Law for Ohio

Q: I don't want to use an agent when buying a house. Does the seller's agent get the buyer's agent's % of commission then?

Related Topics:
1 Lawyer Answer

A: Yes. The agent has a listing contracting with the seller, in which seller agrees to pay listing agent a certain % fee. If there is another agent involved on behalf of buyer, then the two agents will share it, called a "co-op" fee. Otherwise, if the buyer does not have an agent, then the listing agent keeps the entire % paid by the seller. Since you would not pay any more if you have your own agent representing you, it is prudent to have a buyer's agent assist you and negotiate on your behalf. Your agent might even be able to help you negotiate a lower price. Or, you could tell the seller that you won't use an agent, and if the listing agent will reduce the commission % by a certain amount, you can split that savings with the seller. It also is prudent to have an attorney assist you with any major purchase, such as real estate. Use the Find a Lawyer tab to consult a local real estate attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.