Fresno, CA asked in Real Estate Law for California

Q: Regarding Real Estate contracts . How does a FSBO respond to a contract with Buyers agent? What

Selling house by owner. Apparent we know little. Paid buyers agent 20% commision but she said she only represents the buyers and asked us to sign a contract to agree we understood. I wAS TOLD later that realtors need to provide info to both parties. ????

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1 Lawyer Answer

A: Real Estate agents (Realtors) usually split their share of the commission 50/50, and the Broker (all agents work for Brokers), might take 50% of the remaining commission (using this as a simple example). An agent taking a 20% commission is OK, so long as it is 20% of the total commissions to be split between the parties (agents and Broker). If the house you are selling has high value, you should have asked for a reduction in commissions to 5%. These days agents are charged with the dual responsibility of representing both parties (you were correct). The Buyer's agent appears to want to relieve herself from responsibility of informing you of certain information, as she should do. She instead wants you to sign a document relieving her of responsibility for the actions of you (and your agent, if you have one). I would consult with a local attorney before signing any more documents

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