Legal Question in Real Estate Law in Arizona
A Real Estate agent list a property for a client the brokers listing. The listing contract states a 6% commission to be paid to the Broker. The listing offers a 3% buyer broker commission. The property listing is a short sale lender approval required. The lender approves the sale and in the terms & conditions of the lenders approval the lender does not accept the 6 % commission.
Can the real estate agent representing his broker reject the offer made by the lender stating the reduction of the commission will not be accepted.
Property is in Arizona.
1 Answer from Attorneys
No. The real estate agent is an agent for his/her real estate broker, and so needs the authority of the real estate broker to accept/reject an offer. The real estate broker in turn is an agent for his/her client, and so needs the authority of the client to accept/reject an offer. Moreover, in Arizona, a listing on the ARMLS [multiple listing service] is unconditional for the buyer broker commission. A client and a lender are voluntarily involved in short sale negotiations may not come to terms, in which case the property could move from 'preforeclosure' status to 'foreclosure' status.
Be mindful of the minefield in short sales. I recently won a case where a lender sought a deficiency judgment after a short sale, but many lenders are successful in pursuing deficiencies [the difference between the loan balance and the sales proceeds to pay off the loan].
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Disclaimer: This answer does not create an attorney-client relationship and is for informational purposes only. It is not, nor is it intended to be, legal advice and you should not rely upon it as more specificity in a consultation may reveal facts or other information which could change the result. You should consult an attorney for legal advice addressed to your individual situation.