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  1. #1
    DZK
    DZK is offline Renter
    Join Date
    Apr 2010
    Posts
    1

    Default Commission question

    Hello I am a first time buyer, I’m looking for a condo in Illinois. My relative is my real estate agent.

    A few weeks ago I saw a place with my agent. Yesterday I had some follow up questions about this property (such as pet policy) and I didn’t want to bother my relative / agent so I thought it would be better if I called the listing agent directly (I found his info on the internet). So I called the listing agent and asked him a few questions and he was really helpful over the phone and was willing to show me the place. At this point I mentioned that I’m already working with an agent, and if I want to see the place again then my agent will set up a showing.

    During our conversation the listing agent took my first name (which is not very common), last name (but I think he misspelled it), and my email address (I gave him a vanity email that doesn’t contain my first or last name). Also when making the call I dialed *67 which should display my call as “private” on his caller id.

    I was talking to a friend yesterday and she said that by calling the listing agent directly I might have jeopardized my relative’s commission. She says that by calling the listing agent directly I immediately became his client by law, and if I purchase then my relative will not get any commission. Is this correct? I wasn’t aware of this law and now I feel really bad and really stupid. I was only trying to save my relative’s time. Please explain. If my friend is correct in her statement, then does the listing agent have enough info on me / enough “proof” of our conversation to take my relative’s commission? Also keep in mind that I originally saw this place, and many others, with my relative so logically my relative should get the commission. The listing agent spent 5 minutes on the phone so it doesn’t make sense to me that he would get the commission. Thank you.
    Last edited by DZK; 04-20-2010 at 06:26 PM.

  2. #2
    maui is offline Moderator
    Join Date
    Jan 2010
    Location
    Wailea, HI
    Posts
    458

    Default

    DZK, I am not familiar with IL laws but unless they are dramatically different from most of the US (and devoid of any common sense), I think it's safe to say that your friend is misinformed. By calling, you could be considered a customer (not a client) and are thus not represented by that agent (his fiduciary duty remains to the seller at that point in this transaction). Don't worry, your relative will get that commission they rightfully deserve. By the same token, don't be hesitant to ask your agent/relative questions (after all, they are not doing you a favor, they are doing their job and in a down economy where agents are scrambling to get leads, I am sure they are appreciative to have you as a client).
    Last edited by maui; 04-20-2010 at 08:40 PM. Reason: spelling
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