[retiredguy123]

Originally Posted by MikeVillages

Not true.
We had a buyer agent and his fees were paid by the seller. That is the current MLS rules. Maybe VLS is different.

If you disagree, please send a link to the Florida law. The law is required to state this otherwise MLS rules apply.

PS
We almost made an order on a VLS home. Their was only a seller agent. One of the things we disliked about the contract was it stated holes is screens are cosmetic, not defects. WTF! We did not wasted time with VLS after that.

I don't agree. I know that some buyer's agents expect to be paid from the commission that is paid by the seller. But, as a seller, I would refuse to pay the buyer's agent, or I wouldn't sign the listing contract. The listing contract is negotiable. Florida law doesn't require the seller to pay the buyer's agent anything. In fact, the seller is not even required to allow a buyer's agent to show their house.

[Blueblaze]

Originally Posted by retiredguy123

In Florida, real estate agents can represent the buyer or the seller, but not both. Dual agents are illegal. An agent can be a transactional agent, but only with the written consent of the seller. As a seller, I would not provide this consent. That is the law. As a seller, all agents who show my house or receive part of the commission that I pay at closing would be representing me, the seller. If a buyer wants an agent to represent them, they would need to pay for that representation.

And the way they get away with this, is that both "agents" are employees of the Villages Realty -- as is the listing service, the title company, and the bank that holds the escrow money. If you want to buy a VLS house, that's just the way it works. You walk into it under the assumption that the Villages is a respectable organization that would never engage in petty thievery, and you fork over an absurd deposit on that assumption. The problem is that the people involved are making a ridiculous percentage on the deal, and they know they hold all the cards. In our case, even the Sheriff's office was in on the act -- no, they didn't get a cut, but they sure as hell know who butters their bread in Sumter County. They literally refused arrest a thief I encountered in my own living room, stealing my TV, rather than get involved in a VLS transaction. I couldn't believe my ears.

We live in a company town. There are lots of benefits to that, or we wouldn't be here. It's by and large a well-run place, because of that fact. But the other side of it is, the moment you get between a VLS agent and his commission, you're on your own. I didn't get my chair, end table, or bedroom TV back. You won't get your window fixed. In the grand scheme, it's a pretty trivial complaint. Deal with it.

[MikeVillages]

Originally Posted by MikeVillages

Not true.
We had a buyer agent and his fees were paid by the seller. That is the current MLS rules for an MLS agent. Maybe VLS is different.

If you disagree, please send a link to the Florida law. The law is required to state this otherwise MLS rules apply.

Originally Posted by retiredguy123

I don't agree. I know that some buyer's agents expect to be paid from the commission that is paid by the seller. But, as a seller, I would refuse to pay the buyer's agent, or I wouldn't sign the listing contract. The listing contract is negotiable. Florida law doesn't require the seller to pay the buyer's agent anything. In fact, the seller is not even required to allow a buyer's agent to show their house.

If you don't sign the listing contract, you much sell it on your own. Yes, contracts are negotiable but not the MLS rules. I did not say the law requires the seller to pay buyer's agent. MLS listings follow MLS rules.
Again, please provide a link to the state law you talk about. This will confirm if you are correct or not.

[retiredguy123]

Originally Posted by MikeVillages

If you don't sign the listing contract, you much sell it on your own. Yes, contracts are negotiable but not the MLS rules. I did not say the law requires the seller to pay buyer's agent. MLS listings follow MLS rules.
Again, please provide a link to the state law you talk about. This will confirm if you are correct or not.

Florida statute 475.278 prohibits dual agents, and requires the written consent of the seller to transition to a transactional broker.

[MikeVillages]

Originally Posted by retiredguy123

Florida statute 475.278 prohibits dual agents, and requires the written consent of the seller to transition to a transactional broker.

Please REREAD the Florida law you referenced to.
The law states a brokerage relationship is either a transactional broker or a single agent with potential buyers and sellers. Written consent is only required when an agent changes their role. It does NOT mandate who pays the realtor's commissions as you have stated nor the buyer may not have their own agent.

I have been consistent. For MLS listings, MLS rules apply. Current MLS rules mandate that the seller pays both agents. MLS rules may change in the future but if you have sold your home using MLS, the seller paid both agent's commissions. Of Course, MLS rules may change in the future.

PS
I recently confirmed this with a license Florida agent.

[retiredguy123]

Originally Posted by MikeVillages

Please REREAD the Florida law you referenced to.
The law states a brokerage relationship is either a transactional broker or a single agent with potential buyers and sellers. Written consent is only required when an agent changes their role. It does NOT mandate who pays the realtor's commissions as you have stated nor the buyer may not have their own agent.

I have been consistent. For MLS listings, MLS rules apply. Current MLS rules mandate that the seller pays both agents. MLS rules may change in the future but if you have sold your home using MLS, the seller paid both agent's commissions. Of Course, MLS rules may change in the future.

PS
I recently confirmed this with a license Florida agent.

You have stayed the law correctly. As a seller, I can hire an agent to represent me, and I am not required to allow the agent to transition to a transactional agent. Also, I am not required to pay any money to a buyer's agent. That is the law. I don't care what the MLS rules are. If the broker doesn't like my conditions, they won't get the listing. I will either sell the house as a FSBO or hire a non-MLS agent, like a Villages agent. But, there is no way that I would agree to pay a commission to an agent who is representing the buyer.