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Reply to "Navigating Trust and Due Diligence as Your Net Worth Grows"
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[quote=Anonymous]As my income and investments have grown, I’ve noticed more people attempting to take advantage of me financially. Being younger seems to amplify this. I’m careful with money and looking for thoughtful advice on how others handle trust, boundaries, and due diligence as their net worth increases. I posted this in the real estate section after receiving a contract that raised serious concerns. I received an agreement that seems abnormal. Curious to see what others think of this. 1. Irrevocable listing agreement/ same-day pressure to sign The contract was initially irrevocable with no unilateral right to terminate, and we were asked to sign the same day it was sent, before attorney review. 2. Rental provisions creating ongoing revenue streams The original contract included leasing terms that went beyond a one time fee and could create ongoing income for the brokerage (without property management services), plus potential future sale hooks years later. 3. Unrepresented buyer upcharge If the buyer had no agent, the seller would owe an additional 1.5% commission. It's really unclear how that aligns with our interest as sellers when there is no buyer agent to pay. 4. Fee-shifting / legal fees The contract included language requiring the seller to pay the brokerage’s legal fees if the brokerage prevailed in enforcing the agreement. It is essentially creating downside risk for the seller with no upside. 5. Commission tied to future loyalty The listing commission was initially quoted higher at 4% for listing agent only. I told the agent no and the response was it will be reduced to 2.5% only if we agreed to both sell and buy with the same agent. I mean effectively bundling a current transaction with a future, unrelated one. We are staging ourselves. I'm a bit insulted to receive a document like this. Can you imagine if I didn't read thoroughly? In addition, it’s a brokerage drafted agreement. My first time receiving a non standard form. What are your thoughts on the rental section? It states that if the property is leased, the brokerage earns one month’s rent for placing the tenant plus an additional 8% of the rent on renewals/ongoing lease terms, even though no property management services are provided, and it also creates a future sale commission claim if that tenant later buys the property. It turns a simple lease into a recurring revenue stream and long-tail sales hook, which goes well beyond a typical one time leasing fee. INSANE! [/quote]
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