171. WHY SIGNING COUNTERS IS NOT ENOUGH TO PROTECT YOUR COMMISSION

Here is the typical situation: you get an offer on your listing; you present the offer to the seller; you create a counter; the seller signs the counter, but you fail to get the seller to sign the original offer subject to the counter. Later on a problem arises in escrow. The seller claims they never saw the original offer and you have no proof because they didnt sign it. In a recent case this failure cost the listing agent $3000! Why? Because a very aggressive attorney used the failure to obtain the sellers signature as a basis for a potential lawsuit. Why agents fail to have the seller sign the original offer is beyond belief. It is the only proof that they received a copy. It may be the failure is because the agent does not want to have to explain to the seller how important it is to sign the offer even though they are also signing the counter. Or maybe there is some other reason that you know about. Whatever, get the offer signed subject to the counter.

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