Can a Realtor lower commission because of his error?

Question

Here's the deal... we have "sold" our condo and we are closing at the end of the month. The buyers just did an inspection which turned out to be very unannounced- the buyer's realtor left a message with our realtor, but our realtor never got permission from us. We heard literally as the people were pulling up to the condo that they were going to do an inspection. We had NO Notice, no time to clean and had no opportunity to remove the dogs. The buyers requested that we clean the carpets because they did not realize that we had dogs. We feel that because the realtor failed to tell us, that he should pay for the carpet cleaning or lower his commission to fix this problem. Can a realtor do either of these things?

Answer 1

The short answer is yes, your agent can reduce his commission and or pay for the cleaning if he chooses but would he? You said the the buyers agent left a message... Are you sure that the buyers agent actually left a message? Your sure your agent got it?

The buyers request to clean the carpets is just that, a request. I am very allergic to cats. If I was buying a place where they had cats in doors I would request that from them but if it was not done it would not be a deal breaker. I would never think of asking my agent to cut his or her income by several thousand dollars because someone did not preform a minor task in the transaction such as a carpet cleaning. If it was something like repair or replace a broken door which was non functional then I could see an issue.

The last time I listed my home I had it as appointment only; however there was a key box for when I was not home it could still be shown. Not once but twice I was getting out of the shower and litterally walked into a female agent showing the house! Did she call, no. Did she know she should have called? yes. Do buyers and sellers agents drop the ball, yes. This could easily be the buyers agent doing what he wants and leaving your agent to explain why you did not get a call from him.

Shrug it off. If I was going to clean the carpets for the new owners it would be the same day that I finished moving out. Why track all kinds of crud back onto the carpet so they will wonder if you actually did clean the carpets?

Best of luck in your move!

Kevin 866-562-6838 x 106
[e-mail]

Answer 2

Yes the Realtor can take a lower commission and/or pay for the cleaning.

My biggest questionis whose fault is this? It should plainly state on your contract what the inspection dates are. You should have known that the inspection date was coming up - but if it was not explained to you properly then I would ask your Realtor tocough up some dough.

If your Realtor did not get the call untill the last minute - I can understand - but I still think other arrangements could have been made by extending the inspection date or at least giving you some time to clean up.


Tony
www.hqhomes.com

Answer 3

He probably could but why would he?
If I were him or her, I wouldnt.
I also wouldnt clean the carpets (professionally anyway).
If the house is sold (pending the inspection) dirty carpet wont hold up the sale.
They didn't know you had dogs because they didn't ask...no one did anything wrong here.
Other than you for opening the door.
If it were me, I would have said 'sorry, this is not a good time wish you would have called, here is my number' (dodum ~ door shutting in the face noise).
But since you didn't so what!
If they signed the deal based on the outcome of the inspection, they cant change the deal now.
If they do, this is a breech of contract and you could be so lucky that they would do this.
Then you sue them (for well over the $300.00 it would take to clean the carpets) and you would get a new listing agent.
They can ask for whatever they want, this does not mean that you have to give it to them!
Tell the buyers to get over themselves. The inspection was for mechanicals NOT DOG HAIR!

Answer 4

Your Realtor didn't do his job entirely correctly by not advising you of the inspection. That being said, you would have had to clean the carpet anyway, and I don't think this is the Realtor's responsibility.
As an aside, inspections are done to point out structural defects, not cosmetic, as in carpets needing cleaning. I don't believe the buyers have a right to request a cleaning in this case.

Answer 5

i hate to say this boy have you got some terrible buyers in this case they are buying your house and of all the things their worried about the carpets needing cleaned. they need to get a life . now i could see if the carpets were stained badly that they may be looking to ask something be done before they made arrangements to purchase . actually i have bought a home and it was a private sale the seller told us he just didnt get around to replacing the carpets like he was hoping to do before we took possession so he gave us a flooring deduction off the final price to replace it ourselves but that is never to be expected i think this was a special case

Answer 6

Absolutely. There is no set standard for commission. It sounds to me that the realtor made a pretty serious mistake...one that could've cost you the sale of your home. I think it would be in his best interest to at least pay for the cleaning of your carpets. Its a small price to pay to keep clients happy.

Answer 7

Short version: In most states and in every contract I have ever written or read, inspections are only for major systems - not cosmetic issues, such as carpet cleaning.
Tell them, politely, no.

Answer 8

Be Glad you are able to sell is this crashing market, let it go like a hot potato. PAy a few buck to be able to move on if they drop the deal you will wish that few bucks was spent.

http://www.breakingbubble.com/index.htm

Answer 9

Absolutely, if he wants to, but they like to keep all the money. good luck.