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How shady is this (real estate situation)?

Posted on 11/17/15 at 8:32 pm
Posted by baybeefeetz
Member since Sep 2009
32983 posts
Posted on 11/17/15 at 8:32 pm
Property owned in another state. Currently leased to nice tenant until March 2016.

Listing agent who "found" this tenant hasn't done a great job in the past, is kind of a jerk, and just not nice to deal with.

Listing agreement says that if the property sells to this tenant within three months of the end of the lease, any extension, any renewal, including month-to-month renewals and holdover tenancies, listing agent is entitled to a 3% commission. That would be about $5500.

Tenant has an adult son who lives nearby. I'm thinking of leasing it to the son for a day, then leasing it back to the mother, waiting three months, and selling it to her and avoiding the commission to the listing agent. (BTW, he already got paid a month's rent, which was $1475.

Do you consider such a move unethical?

I don't know if the Tenant would even go for it.



Posted by SlowEasyConfident
Member since Nov 2015
6650 posts
Posted on 11/17/15 at 8:34 pm to
quote:

Do you consider such a move unethical?


Yeah, maybe even illegal im not sure though
Posted by Purple Spoon
Hoth
Member since Feb 2005
21301 posts
Posted on 11/17/15 at 8:34 pm to
Sort of a dick move but any real estate agent who has been around long enough is full of shady shite so do whatever you can get away with.
Posted by baybeefeetz
Member since Sep 2009
32983 posts
Posted on 11/17/15 at 8:35 pm to
Would love to hear a theory on how it's illegal.
Posted by baybeefeetz
Member since Sep 2009
32983 posts
Posted on 11/17/15 at 8:35 pm to
To be honest, I feel as though it is time for a real estate agent not to make out like a bandit.

This post was edited on 11/17/15 at 8:36 pm
Posted by The Mick
Member since Oct 2010
45199 posts
Posted on 11/17/15 at 8:36 pm to
Subtle brag thread.

And the answer is you're.accountable
This post was edited on 11/17/15 at 8:51 pm
Posted by Janky
Team Primo
Member since Jun 2011
35957 posts
Posted on 11/17/15 at 8:36 pm to
Is he selling the property? No, therefore frick him.
Posted by baybeefeetz
Member since Sep 2009
32983 posts
Posted on 11/17/15 at 8:37 pm to
bragging on a condo worth $180k? yeah, no.

Posted by Martini
Near Athens
Member since Mar 2005
49697 posts
Posted on 11/17/15 at 8:39 pm to
Than you shouldn't have signed the agreement. Sounds to me like you are not the nice guy.

And if I'm the agent and this happens you hear from my attorney.

Posted by Janky
Team Primo
Member since Jun 2011
35957 posts
Posted on 11/17/15 at 8:40 pm to
There was a question like this on "Handle on the law". He basically said the agent does not have a right to the commission if he doesn't actively list it ( or something like that ).
Posted by TheFranchise
The Stick
Member since Feb 2005
6332 posts
Posted on 11/17/15 at 8:41 pm to
Should've written a better lease, have a lawyer write the next one
Posted by The Mick
Member since Oct 2010
45199 posts
Posted on 11/17/15 at 8:42 pm to
Yeah, yeah.



mm - misread your op
This post was edited on 11/17/15 at 8:46 pm
Posted by N2cars
Member since Feb 2008
40389 posts
Posted on 11/17/15 at 8:42 pm to
Why would you not be able to look at yourself in the mirror for $1475?
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
71843 posts
Posted on 11/17/15 at 8:42 pm to
$1500/month seems high for a house valued at $170k.
Posted by yellowfin
Coastal Bar
Member since May 2006
99043 posts
Posted on 11/17/15 at 8:43 pm to
Of course it's unethical

Eta: and you'll probably get sued
This post was edited on 11/17/15 at 8:45 pm
Posted by GreatLakesTiger24
Member since May 2012
61599 posts
Posted on 11/17/15 at 8:43 pm to
All in the game, yo.
Posted by stout
Porte du Lafitte
Member since Sep 2006
184635 posts
Posted on 11/17/15 at 8:44 pm to
quote:

maybe even illegal im not sure though



You're right. You aren't sure. Nothing illegal about it. Could it be a civil issue? Yes but there is not any law against it.
Posted by baybeefeetz
Member since Sep 2009
32983 posts
Posted on 11/17/15 at 8:46 pm to
quote:

Should've written a better lease, have a lawyer write the next one


Well, like I said, the issue is not in the lease. It's in the agreement with the guy who listed it for the lease. At the time I would have not minded having this guy arrange a P&S with the tenant at the end of the lease and get him a little commission.

Turns out he's a dipshit and I would rather him not profit.

Contracts are contracts. What I describe here would not violate my contract with him. It would purely be a judo move to avoid paying him for not doing any work in terms of arranging a sale.
Posted by stout
Porte du Lafitte
Member since Sep 2006
184635 posts
Posted on 11/17/15 at 8:47 pm to
quote:

$1500/month seems high for a house valued at $170k.




Come on down to Lake Charles. PoS houses in the ghetto are bringing $800 per month right now and nice houses are ridiculously high but hard to come by. It's crazy. Houses that would get $1000 just a few years ago are $1600+
Posted by baybeefeetz
Member since Sep 2009
32983 posts
Posted on 11/17/15 at 8:47 pm to
quote:

$1500/month seems high for a house valued at $170k.


Does it? Then I'm glad I didn't listen to dickhead when he wanted to lease it for less.

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