ask george & chuck
Feb. 8, 2010

Easements, buying without an agent
Answers to real estate questions as appearing
in the Houston Chronicle

Dear George: We sold a piece of property to another party and granted the buyer an easement. He then sold the property to another person and granted the easement to the new buyer without our consent. Do we have any recourse?

Answer: The recipient of an easement cannot convey it to another person or employ it for another use. The person who bought the property from you is free to sell that property; however, he cannot sell or change the easement. He can't convey what he doesn't own.

Dear George: I'm representing myself in my home search. I found a listing that offered a 3% commission to a buyer's agent; I placed an offer on the house and asked that the 3% commission be put toward my closing costs, since I don't have an agent. The seller's agent won't present my offer to the seller unless I remove that stipulation, which I refuse to do. Am I still bound by the contract to purchase the house? Will she get the full commission, even though my submitted offer states that I want 3% toward closing costs? How do I know if she presents my offer?

Answer: Your scenario shows why it's important for consumers to secure the services of a real estate professional, preferably a Texas REALTOR®. You're trying to complete a straightfoward home purchase, but the introduction of a little negotiation threatens to derail the whole transaction.

As for your questions: Commission amounts are negotiable on all offers to buy or sell real estate. The seller listed the property for sale and authorized the listing agent to offer part of the listing agent's commission to a buyer's agent; you are not a buyer's agent. Even if the listing agent agreed to rebate you a portion of her commission, she would also have to give you a 1099; your share of the income would be taxed. You are not bound by your original offer unless the seller signs it without any changes. If you want to purchase this house, consider resubmitting your offer without your stipulation about the commission.

The listing agent is obligated to present all offers on a property to which no offers have been accepted, unless she has received written instructions to the contrary from the seller. If you think the listing agent is not following this rule, submit a complaint to the Texas Real Estate Commission. You can require that the listing agent deliver you proof of having delivered your offer. However, the seller does not have to sign anything proving he has received your offer.