The "Undercut" Nightmare: Why Buyers Bypass You and How to Bulletproof Your Commission
ListingMine Academy | Legal Protection & Agent Defense
It always starts with a friendly phone call.
A buyer messages you, excited to view a unit. You spend hours filtering listings, arranging keys, confirming with the owner, fighting traffic, preparing talking points, and conducting the viewing.
The buyer smiles, nods, and says: “Thank you ya, I’ll get back to you.”
Then… silence. No WhatsApp reply. No calls picked up.
A month later you find out the truth — the property was sold. To that same buyer. Behind your back. They went direct to the owner to “save the commission.”
The Buyer’s Logic:
“If I cut the agent, I save 2–3%.”
“The seller saves 3%, so I can ask for a 1.5% discount.”
“I already know where the property is. Why pay?”
To them, you are just a Door Opener. Once the door is opened, they believe your value is gone.
Stop relying on their morality. Rely on your evidence. Here is how you protect your commission — permanently.
1. The Buyer’s Psychology: The “Smart Thief” Mindset
Buyers who undercut you do not think they are doing anything wrong. They tell themselves:
“The agent just opened a door.”
“I found the ad myself.”
“RM15,000 for 1 viewing? Crazy.”
They ignore the Invisible Iceberg of your real work: 50 phone calls to reach that one seller, marketing expenses, negotiation preparation, market analysis, scheduling logistics, and the risk you take entering units with strangers.
You cannot change their mindset. You can only change the legal consequences of their actions.
2. The Shield: Three Documents That Guarantee You Get Paid
If you work based on “trust,” you are working for free. To stop undercutting, you need a Chain of Evidence proving you were the Effective Cause of Sale.
Step 1: The Appointment Letter (Your Legal Anchor)
Never work without written authority from the seller.
The Mistake: Agents rely on casual WhatsApp approvals like “Okay, you can sell my house.” In court, this is weak and easily denied.
The Solution: Use a signed Estate Agency Appointment (EAA) form.
Exclusive is best (buyer cannot bypass you).
Ad-Hoc / General is acceptable only if the clause states: “Commission is payable if the property is sold to a prospect introduced by the Agent.”
Without this document, you don’t have a client. You have a hobby.
Step 2: The Viewing Form (Your Introduction Proof)
Agents skip this because they feel “shy.” Stop being shy — be professional.
What it says: “I acknowledge I was introduced to this property by Agent [Name] on [Date].”
Why it matters: It destroys the buyer’s future excuses:
“I saw the banner myself.”
“I found it through my friend.”
The Viewing Form locks in your role.
Step 3: The Digital Witness (Your Undeniable Evidence)
In the ACN era, data is your bodyguard.
Take a photo of you + buyer inside the unit.
Timestamp and GPS check-in via ListingMine.
When the deal closes behind your back, a photo of the buyer standing in the living room is stronger than any lawyer’s argument. It is undeniable, timestamped, geo-verified, and ready for court.
3. The Enforcement: Don’t Get Angry — Get Paid
You did the work. You have the documents. The buyer still undercut you. What now?
Do not chase the buyer. The buyer does not owe you anything. The Seller does.
The Legal Reality: If you have a signed Appointment Letter + signed Viewing Form + Photo proof of introduction, you are legally the Effective Cause of Sale.
Your Move:
- Send the Seller an invoice.
- Attach the Appointment Letter, Viewing Form, and Photo Evidence.
- Send a copy to the seller’s SPA Lawyer.
The Lawyer’s Role: Once the lawyer sees clear evidence, they act as a stakeholder. They will usually advise the seller:
“You must pay the agent. Otherwise, they can sue, file a caveat, and block your sale.”
Most sellers pay immediately. They undercut you only because they thought you couldn’t prove it.
4. The ACN Advantage: Undercut-Proof by Design
Inside the ACN ecosystem, protection is automatic:
- Verified Listings: You cannot upload a listing without an Appointment Letter.
- Viewing Logs: Every viewing is auto-tracked and timestamped.
- Legal Support: If an agent is undercut, the agency can issue a Letter of Demand instantly — backed by undeniable data.
ACN makes professional protection automatic.
Summary: Professionalism is Your Armor
Buyers bypass agents when they think you are an amateur. Amateurs rely on verbal trust. Professionals rely on contracts and evidence.
Your 3-Document Shield:
- Appointment Letter
- Viewing Form
- Photo Evidence
If you have these three, let them try to bypass you. They will learn that saving 3% can cost far more in legal fees.
A documented agent is a paid agent. Don’t let anyone steal your hard work. Protect it.
