Legal Question in Real Estate Law in Florida

My wife and I put in a contract on a home in Florida with out a buyers agent. When we contacted the listing agent we told them that we would submit an offer without an agent to make it look better to the seller by putting us at 0% and the selling agent at 3%. (The MLS listing stated 3% to buyers agent and 3% to sellers agent.) We would not require any additional work on her part since we have done this all before. The seller countered and we accepted. Afterward we noticed the listing agent whited out the 3% commission on the contract (FAR-9) and never had it initial or lined out. The seller was unaware since she did this before presenting the offer. We then noticed and sent an addendum to add a buyers agent on our behalf @ 3%. Which was also not forwarded to the seller. We were then contacted by the listing agents manager and were basically ridiculed that we did not know what we were doing and nothing would be done. We told them we had done this before and that commission is always up for negotiations. We also told them that we contacted the actual seller to disclose the situation. They then backed down. What actions or rights do I have to make this right? We want the home at the agreed price but feel the listing agent is acting on their own behalf and jeopardized the contract, which I think is null and void with the circumstances. I will be filing a complaint with the Florida Real Estate Commission. Please let me know what else I should do? This selling agent is only out for themselves and has not acted in good faith and basically lied to everyone. Thank you!!!!


Asked on 11/22/09, 1:07 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

If they backed down, that sounds like you have the contract you thought. If by back down, you mean that the contract was canceled, then go ahead and sub,it the agreement again. If the seller wants to accept it, they will. If not, then you have no agreement. Contact FREC for the conduct.

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Answered on 11/27/09, 4:35 pm


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