Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and beginning April 20th, 2021 (Eastern Time) the Yahoo Answers website will be in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.

Estate property has offers but now trustee wants to buy. What should the real estate agent get paid?

My wife's siblings are trustees of a rental property in MA. An agent was contracted by one of two executors, Agent performs and brings 2 offers to the table. My wife decides she want to buy using her 20% equity + 5% cash. The bank views this as a refinance. The agent is pushing for commission on $400k when all we need to pass is $320k. On what amount should the commission be calculated if at all. My wife agrees the agent should be compensated for her time but should not collect commission on a refi.

5 Answers

Relevance
  • 6 years ago
    Favorite Answer

    The bank only sees this as a refi since your wife already has ownership in the property. Since you can't buy from yourself lenders have to treat it as a refi. However, legally it is a purchase since your wife is buying out other peoples interest & the realtor is entitled to commission based off of what ever the sales price is (not the market value as someone else here said.)

    Source(s): I am a mortgage lender.
  • BBG
    Lv 7
    6 years ago

    Just because the bank is "viewing" it as a refi for lending purposes, it's not really a refi. The property is being sold and your wife is buying it, correct?

    If there is a signed listing agreement and the property is indeed being sold, then I don't see what the confusion is. The contract states what the listing agent should be paid and commissions are based on sales price, not sales price minus down payment.

    If you want to be a real jerk you can decline all offers until the listing agreement expires and then do what you want without the agent. I'm not recommending that, I'm just making the point that there is a contract with the realtor that needs to be honored. If there is confusion about the contract, consult an attorney.

  • 6 years ago

    The agent is due a commission based on the sales price. It's only a refi in the eyes of the bank. You are buying the home from the trust.

    Source(s): I'm a Realtor
  • 6 years ago

    The agent gets paid based upon the market value of the house - the 20% equity is the down payment on the $400,000...the amount of the mortgage has nothing to do with the transaction, so the transaction between the parties is $400,000. If the agent pushes this in court, you will lose and owe the added commission plus court costs.

  • How do you think about the answers? You can sign in to vote the answer.
  • tro
    Lv 7
    6 years ago

    when you say the agent brought two offers to the table and your wife made an offer after hearing of these others

    it sounds to me like she is participating in the offer to sell just like any other buyer and I frankly would not view this as a refi but as a firm offer to buy

Still have questions? Get your answers by asking now.