This agent should have her license/credential taken away.

I don't get it. At least not the degree of outrage. Perhaps I'm missing something. There's a 35sq. ft. difference in estimates (500 versus 465)? They are both just estimates and 35 sq/ft isn't all that much of a difference--any buyer should do the math themselves before making an offer anyway. And if the FSBO price is $20K less, that sort of makes sense since there would be no $30K 6% broker's fee if the owner sold without the broker. If you want examples of outright deceipt, they aren't that hard to find. I don't think this is exactly the one I'd get all exercised about.

So is this broker advertising FSBO's and then marking them up 3% for her fee?

huh, I don't think you nailed it here. First, there isn't a three percent difference between $475K and $494K--it's somewhat more. I think the owner has the property listed on his own. The broker is a small company it seems and perhaps the arrangement allows the seller to also attempt to sell on his own. It isn't at all clear from the postings. Why not just ask the owner or broker. There may be a pretty easy answer here.

Not entirely clear but I think huh is right.

I've seen this plenty of times: brokers list FSBOs, and pretend that they are seller's broker. Buyer comes across the listing through the broker's website, and the broker inserts herself into the transaction as buyer's broker, claiming the higher price as her commission.

Two observations:

1. A huge HINT to buyers: whenever you see a listing on a small unknown (such as weichert, above) or sketchy (such as ArdourNY) brokerage, it's probably an FSBO that the broker is trying to piggyback into. See if you can find the FSBO listing and DO NOT go through the broker.

2. STREETEASY SHOULD ALLOW FSBO LISTINGS!! It would be much harder for brokers to do this kind of thing if they allowed FSBOs. Come on Streeteasy.

I think the OP is missing the fact that the fsbo could very well have given the agent a non-exclusive "net listing". A "net listing" is when the fsbo agrees to let an agent market the listing on a non-exclusive basis and collect commission above the "net price" that an owner wants for the property. Only is the agent is doing this without the owner's consent is it illegal.

masterq, is that legal? Isn't a broker required to sign a contract to list a property?

sorry about the typo.

Hi - I am the owner of this place. I am happy to work with buy-side brokers and pay a 3% commission. I did give brokers the opportunity to post my apartment on THEIR websites, but nothing else. I found a ton of them on NYTimes and Craigslist and asked them individually to remove them. All were compliant though some took a number of calls. Their is still one Bond agent, Cindy Castenada who I've contacted daily and has not yet removed her ads. She said earlier that she would but hasn't. Should I report her.

I do value what agents do and hope to see some of them with customers at my open house on Sunday from 1-3:00.

Best,
Ryan
www.RyanFlahive.com

Ryan, good luck selling the place. Looks like a good spot. For dealing with Cindy: perhaps warn her that you'll report her if she does not remove her ads before you report her. If you've already warned her, and she has not complied, then you'd better go ahead and call the REBNY.

As far as I understand it (I may not), you've given permission to brokers to effectively become buyer's broker. So they'll list the property on their site (effectively posing as seller's broker), bring someone along who will have to pay 3% more than if they'd approached you via your ad? (That seems to be what's happening in the OP posting). Anyway I guess that makes perfect sense from your side. I might do the same when I sell. Though I imagine that buyers who come through brokers and then realize that they could have saved 20k if they'd found you directly might be miffed sometimes.

Masteq, if you are going to have an opinion about a particular company, at least spell the name right, gee, no brainer

Thank you for your comments. I actually plan to pay 3% on the closing price if the best deal that I find comes from a buyer who is represented by a broker. I don't know where the broker who posted the ad that got this exchange started got any other idea. I never met or talked to them.

It is good to see that there are ethical brokers out there. Again, I value what you do and am very happy to work with a buy-side broker on this deal.

Best,
Ryan
www.RyanFlahive.com

Indeed, Ms. Marsh. The sketchy brokerage is correctly spelled as: "ArdorNY".

They may be good for rentals: Ms. Marsh has some listings (though they're probably just off the MLS http://www.ardorny.com/aboutus/agents.asp?agent_id=1516). But I don't imagine many people give ArdorNY sales exclusives, so assume what you see there is an FSBO reposted.

bmarsh, if you are going to lamely attempt to insult masterq based on a spelling mistake, at least spell HIS name right, gee, no brainer