You have to be comfortable and understand dual agency, However i advise a buyer's agent, i see it this way, the comission is set already to be paid and the seller is more than likely set on the net proceeds, so the theory to save comission on the offer is measured in the sum of money that is not worth the idea to eleminate a buyer's agent.
Another option is giving the buyers agent 1% to handle the "transaction management" meaning the paperwork and offer negotiations, and have the agent rebate you the additional 1.5-2% after closing. But before you bring in a buyers agent, figure out how much of a discount you want on the house, throw out a price to the sellers agent and see what happens.
ANY agent that would discount their commission because you do not have representation is one that should be "watched." In many case you will come out with a fantastic deal (because the agent is obviously unskilled) but be careful and get EVERYTHING in writing.
You get what you pay for. You may think that you are being smart by cutting out the buyer's agent and saving on the commission that is not yours to begin with. If you are dealing with a listing agent representing the seller as a single agent you will be at the short end of the stick since the agents loyalty is to the benefit of his or her employer the seller. If you are dealing with a transaction broker representing the seller the agent should try to put the deal together but don't look to cut him/her out of their hard earned commission they will probably try to find another buyer if they can.
Manny Reynaldo,PA,CIPS,TRC
Prudential Florida WCI Realty
Mreynaldo@2bocahomes.com
a) If you have already an agent, and if you are happy with him/her you should discuss it with your agent before going to open houses on your own.
b) If you don't have a buyer's agent working with you, In your shoes, I would be very careful and discuss the issue with the listing agent to understand his/her brokerage relationship with the owner and with you. Also, make sure to inquire who is going to be the real estate attorney/title company for the transaction and if they are representing the seller.
Either way, having an attorney that you trust to review any documents/deals that you might come to agree with is a wise decision.
Also, if you have been working with a Buyer's Agent - and signed an Exclusive Buyer Agency Agreement with them, you may be responsible for paying them a commission, even if they did not show you the home.
"Broker's Fee is earned if buyer enters into a sale agreement during the term of the contract, whether brought about by Borker, Broker's agents or by any other person, including Buyer." Be careful.
But in truth, it depends entirely on how the listing contract is written. It's possible that the seller has agreed to pay out one fixed commission, and if the buyer shows up agentless, that entire pot -- we're hypothetically calling it 6% -- goes all to the selling agent. The seller can't refund it to you, because he/she has already committed to it as a fixed cost.
On the other hand, it's possible that the contract has a step structure, so that while a split commission might be 6% total, a commission to the selling agent if there is no buyer's agent might be 4% total. That would leave the seller 2% margin to play with.
Since you can't see the contract, you're going to have to take a stab in the dark as to what kind of seller you're dealing with.
The best person to help you do this is a great local real estate attorney, which, IMHO, you should hire anyway.
They'll have a better fix on strategy than a non-local realtor, I think.
Good luck!
Alison Rogers
author, "Diary of a Real Estate Rookie"
Insider Real Estate Tips with a Twist of Humor
http://tinyurl.com/2ag28z
If I can help you let me know I am a local agent.
Good Luck!
The commission and any fees were established at the time the seller entred a contract w/ the listing broker. It is unlikely that will be altered, but even if it is, it is most probable that the seller perceives that as his/her savings, not yours.
Getting a discount on a fee, but paying too much for a property is like buying an itme on sale from a store because it is a good pice, but you have not use for the item. In other words, savings aren't always what they seem.
So, how can this be good for you? Some listing agents will discount their commission and pass that savings on to you. It seems as if everyone wins. You have gotten the house at a small discount, the seller has sold the house and paid less commission dollars and the listing agent gets credit for both sides of the transaction. That is good but for you it's not great. Through the entire transaction your interests are not being represented. While the listing agent may be nice and helpful guiding you through the process, it should not be forgotten they represent the interests of the seller. It is their duty to get the highest possible price and best terms for the seller. Not you. So while they got you that $3000 off the list price they won't be volunteering the information that the last 3 comparable homes sold for $15,000 less than list.
You need a buyers agent to be working for you. And by buyers agent we don't mean an agent who just shows up to unlock doors and fill in paperwork. Quality agents learn about your needs and lifestyle and search for the right home to fit. Discovering the perfect home is the easy part for a good agent. From that point, they will discuss with you the information gathered about the most accurate comparable sold homes, pricing strategy and other terms negotiated in the Agreement of Sale. They will work for your best interests when negotiating with the listing agent not only on the initial contract but also on things such as home inspection reports. They have the potential to save you both money and aggrevation throughout the home buying process.
So, can you benefit in the scenario you outlined above? It's possible but we find, honestly, the disadvantages of being unrepresented outweigh the potential benefits.
I've read your question and the responses. I won't rehash. Everyone wants to save money, especially these days. A good agent, who is looking out for your interests, can certainly save you money, both in terms of dollars in your pocket, but also in time saved, advice given, and service offered. While dual agency (acting as an agent for both the seller and the buyer in the same transaction) is legal in the state of Pennsylvania, I'd never allow my mother to buy a house that way.
I'm local, I know King of Prussia and can certainly be of assistance. Feel free to send me an email at mainlineagent@gmail.com or call me.
Regards,
Pete Simonetti MBA, ABR
Rosie Foster, ABR
Weichert Realtors
111. N. Wayne Ave.
Wayne, PA 19087
610-687-4400
610-662-9695 cell
I'm sure this transaction is something you can do by yourself and with enough time, you'll be successful. Keep in mind the biggest reason people work with real estate professionals is because they want someone on their side representing them.
The selling agent works for the seller and will get the best deal for the seller, that is what they are hired to do. They owe you courtesy and respect, that is all. Anything you say to the selling agent can and will be repeated to the seller. If you suggest you are flexible, this will be relayed back.
If you are comfortable with this scenario, by all means, approach the seller.
The agent is out to make the commission, so will do what's in their interest to get the property sold.
It's in the buyer's interest to get the lowest price possible because he/she is paying also for the commission in a higher price and is taxed accordingly in California EVERY YEAR.
Really, taxes should be paid on NET price paid, which is sales price minus the commission.
Steve Condurelis
Sorry, you both are wrong.....A professional real estate agent is NOT looking for a quick closing deal...you guys have been poorly represented in the past or have issues I am not familiar with. A Buyers Broker with any sense at all wants to strongly represent their client....just as an attorney would. We are paid very well to perform what shoud be the lowest possible price, with the least problems for our buyer....and on their time schedule.....We also pay for Errors and omissions insurance...which is similar insurance to what docs and attorneys pay....We must bring considerable skill to the table and be ready to use it "on the fly", when our clients most need it. Money and savings are KEY in any real estate transation.....and thats why my clients have been turning to me for 30 plus years.
As far as saving the seller the commission, the seller agrees to the amount of commission to be paid when they sign the listing agreement with the Brokerage. The Brokerage determines the amount cooperated with a buyers agent. (Somebody who would treat you as a Client if you used one.) So, the seller does not make the decision on lowering the commission rate at this point because the rate is already in contract.
In other words, it's up to the Brokerage if they will agree to lower the commission rate based on your offer. I can't speak for Philadelphia but in Las Vegas, it's very common to find other agents within the same brokerage and not the actual listing agent performing the open house.
There really is no set answer to your question and in Nevada, we have a duty to disclose and explain the situation you'll be in for a dual agency situation. It's up to you (and the seller also has to agree) if they are comfortable with this.
My answer relates to Nevada laws. Every state has their own guidelines and many states don't even allow dual agency to begin with. Of course... a good Buyers Agent in Philadelphia would be able to explain this to you :)
Paul Francis, ABR,CRS
Coldwell Banker Premier http://www.PremierLasVegasRealEstate.com
702.592.3058
I read some of these responses by the people that are not real estate agents and it makes me feel bad for them as they obviously haven't had any experience with the benefits of using a good agent or just haven't done any real estate purchases at all?? If you have ever used a good agent to represent you as a buyer or seller, you would not even consider doing a transaction yourself. Good agents will pay for themselves EVERY single time, with a combination of financial negotiations, hard and difficult work, taking the legal liability off you, and guiding you through very difficult procedures and a stressful process. My sincere apologies to those of you who have a bad experience with an agent, I really mean that. It makes those of us who are experienced, sincere, hard working, and who ONLY have the interest of their clients at heart look bad. A good agent treats every transaction as if it were their own personal purchase or sale, and saves their clients work and lots of money and liability. The pay off for a good agent is seeing their clients be happy and achieve the ultimate dream of home ownership, the commission is certainly how we eat but is more of an added bonus to our clients needs being met. In all sincerety, my favorite transactions have been my smallest sales by FAR, because when you help that single mom who has been working for years saving money and working on her credit just to be able to buy a $85,000 dollar place for her three small children to call home.......it's an UNBELIEVABLE feeling! When its all said and done, it cost you more in time and money than your commission was, and you still feel great! Now you tell me it's all about commissions and our best interests, I'm sorry but NO! Are there some agents that aren't worth the fees.....yes, but their are FAR more that have nothing but their clients best interests in mind and as I said, always pay for themselves in the end. Sorry for my rambling but some of these responses are just so disheartening and frustrating to hear to a good agent. To answer your question, keeping in mind that this can vary state by state, but in most cases, yes, the listing agent has a listing agreement with the seller that gives him the ability to be a dual agent and represent the buyer and seller if the situation should arise, and this agent will certainly earn this as they are doing double the work. However, I would suggest asking the listing agent if they would be agreeable to doing the buyers side for around 1.5 to 2% as they didn't have to do some of the normal duties of a buyers agent, showings, research, house hunting, searches, etc. The savings of the 1.5 to 2% could then be passed down to you not through cash back at closing but rather a reduced purchased price in addition to your hopefully already negotiated down purchase price. Best of luck and wishes, and please know that a good agent truly is worth their weight in gold. Most Sincerely, Chris Warmuth Windermere/North Spokane, WA.
Peter Just
If a property is listed at $800K then the fee is $48K. and If I find the property myself then why should I get a buyers agent to split the fee. Instead the listing agent should be willing to lower that fee to 3%. What's so unreasonable about that? Still a nice chunk of change at $24k or even $12k if that has to be split with the brokers office.
Agents will argue that they will negotiate the "best" price for the buyer. I say it's the market that determines the outcome and the buyer has to do their due diligence to know what that is.
I'm all for fair compensation for work done but the price of real estate varies greatly bringing vast ranges of commissions for basically the same amount of work.
If a property is listed at $800K then the fee is $48K. and If I find the property myself then why should I get a buyers agent to split the fee. Instead the listing agent should be willing to lower that fee to 3%. What's so unreasonable about that?
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No way Jose, sorry, Ernst. I just closed a deal last week where I had both sides and I gave in 1% (for a 5% commission) BECAUSE I had both sides. Never again. My buyer/customer caused me a heap of extra work, dilly dallied and nickel and dimed my client seller who was inflexible to the point where both of them, I'm sure, would have like me to pummel the other. I will never give in on my commission again especially when I'm doing the work of both sides. It's more than twice the WORK, it's twice the headache and you play psychoanalyst to BOTH instead of just one.
real estate agents have done everything they could to get their claws on my property, even though my listing says "No brokers please." One pretended to be a relative of a family that came to my first open house. Another claimed
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Welcome to Trulia, Joan. I see this is your first and only post. I hope you enjoy your stay here. Forgive me for being skeptical when I see the words "claws", "pretended", and "claimed" all in the same vicinity. How do you know they were pretending? How do you know the are lying when they "claim"....If your place was so hot that you had THREE offers to negotiate in 10 days, there were probably some other possible buyers to negotiate with also. Maybe you were underpriced and could have a bidding war. I guess we'll never know because you'll be handling all these suitors yourself and cannot possibily divorce yourself from the outcome enough to make a balanced decision.
You may think the agent is getting 6% but you forget there are 4 players in the game: if it's 6% then the listing broker sees 3% or 3.5% of that the broker who gets 50%, the listing agent who get 50% (or if you are very sucessful the split is 28% and 72% or about 1% of asking price for the agent; the other side gets their 2.5% to 3% and the buyer's broker gets its cut and the buyer's agent his cut.
Your home is advertised in magazines, newspapers, national and local websites. The seller's agent may have their own website to pay. Then there are the paper costs: $300 per ad, Coldwell Banker pays for our homes to be on the NYTimes and Wall Street Journal websites to get NY buyers to NJ; postcards, postage, the processor who processes the file and checks; the admin, lights, rent for the building, toilet paper. All gets paid out of the commission.
The advertising costs alone drives most For sale by owners to an agent.
The cost of advertising can indeed be expensive but with the internet and FREE sites s.a. craigslist, zillow, Trulia and many others, buyers are not falling for the agents' lingo or fancy pictures.
Brokers are inundating newspapers with starlike pictures of agents in the "winner circle" and such. Is this not "a bit" over the top?
If a buyer does not want to put in the time for research by all means they should contact an agent and especially when they are looking in a non familiar location such as out of state.
I still maintain that a sale is better than no sale and if I were an agent I would cut my take to make it happen.
Have you ever told your employer "Dont' worry about paying my health insurance this month, I don't need it"?
It also does not mean the seller will sell for less, it just means that the seller well net more.
Good luck.
Your post illustrates my initial commends with the example I gave with an $800k home (I live in the Pasadena, Ca. area) and the resulting commission of $48k. In this case there is a huge difference in compensation for basically the same work done! That's most of the gripes by buyers and sellers alike. Of course some variations in fees due to demographics is understandable.
Many of the agents here have danced around the point of my argument to justify their tremendous fee of 6% (only in my example given).
Look at this post by J R complaining about "headaches" in transactions........
Some transactions close without a glitch and some will not.
No way Jose, sorry, Ernst. I just closed a deal last week where I had both sides and I gave in 1% (for a 5% commission) BECAUSE I had both sides. Never again. My buyer/customer caused me a heap of extra work, dilly dallied and nickel and dimed my client seller who was inflexible to the point where both of them, I'm sure, would have like me to pummel the other. I will never give in on my commission again especially when I'm doing the work of both sides. It's more than twice the WORK, it's twice the headache and you play psychoanalyst to BOTH instead of just one.
Yesterday, 07:44
That defense is nice .. but the 5% and 6% days are tick-tick-ticking away very quickly .. agents are now climbing over each other to grab 2.5% ...
The first thing agents love to throw into the mix is the cost of doing business .. that's the flea's that come with the dog - adjust, everyone has.
Besides .. the agents beef isn't with their clients - it's with their broker because that's also a negotiated amount .. some pay 40% some pay 50%, some are less some are more ... so go negotiate with the broker for a better position - because consumers are doing it everyday ....
The reality here is ... you have sites that are opening up almost every week, Craigslist, Zillow, Trulia and many others that are only minutes away ..
The MLS is no longer their sacred cow, you now have feeds that are direct MLS ... and the NAR, lets just say they're just about 6 months away from retirement if they don't restructure the entire system .l.o.l.. no one believes their propaganda anymore - even their own agents...
Most important, you have consumers that remember that last purchase .. it's bad enough they paid $420,000 for a $280,000 home, it's they paid $12,000 too much in commissions - and they remember being shown 5 houses on Sunday and making a bad decision on Wednesday.. .. that was one expensive closet they didn't get to see...
The real estate market will change by leaps and bounds in the next 3 years .. 25% of all the agents will be history this time next year .. mainly because most have lived off the last 5 or 6 years - which was pretty much order taking - now they'll have to earn a living ..
80% of the fact finding and searches are now being done on the computer .. sellers can now go direct as well as buyers and consumers are no longer timid - and quality real estate attorneys are only $700/$900 away ...
In 3 years - 3% will become the norm for full service .. you already have hundreds (probably thousands) of agents looking for newer and better ways to survive and brokers will follow the ways of the old car dealers, turn em' and burn em' ... in 5 years, brokers that haven't made a complete makeover - will be run over ... 2% sure beats z-e-r-o...
Keep in mind .. the worst headache an agent can have - is a "broke headache" ..
;^)
