Home Buying in 94030>Question Details

Me, Home Buyer in San Francisco, CA

buying a home from "for sale by owner"

Asked by Me, San Francisco, CA Thu Nov 14, 2013

the seller does not want to pay the commission. she is willing to pay a finder's fee, but only problem is, i (the buyer) found the home, not an agent and i already saw the home and seller wont hand out FF anymore. i am wondering though, if there are any real estate agents that would be willing to write the contract for a fee?

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Answers

7
Well the seller sounds pretty tough, you already lost round one of negotiations. Are you sure you want to be going against this guy by yourself?

Really though, if you have had an agent working for you, now it appears that you are kicking the agent to curb and you do not seem to care if they get paid. What if your employer had you do a bunch of work, found a loop hole and then found that they could get away without paying you? You would think they were a monster. I do not know how much work the agent did for you. If they agent spent a lot of time with you, the right thing is to want them to be paid for their work.

People have a false idea and do not understand how hard agents work. Agents should be paid well if for no other reason that they are at risk of not getting paid. Sure people love to avoid paying agents, they are under the false assumption that their job is easy. That is exactly why agents rarely show these "for sale buy owners." These are the greedy rascals not the agents.

If you are buying a home for sale by owner, my guess is they want full market value, without you having the protection of your inspections and disclosures required by law. Well if you are not getting the protection of an agent, you should get a discount. Are you getting that discount?

Then you are being cheated.

What happens when you get into the house and find out there is mold, a leaky roof, plumbing problems etc.? Do you think you will be able to call the seller, tell them about it and have them write a check to fix it?

The fact is that with the internet you do not need an agent to find a house. A trained dog could find a house. You need one to negotiate on your behalf.

I say it may not be a good idea to negotiate with the seller yourself, he is already kicking your butt. Go to your agent have them write up an offer with the finders fee written into the agreement.
0 votes Thank Flag Link Mon Nov 18, 2013
Hi Me,
I suggest that you find a real agent to assist you and negotiate a fee to be paid by you to that agent. There is more involved in purchasing a home then just going over and signing the contract. Wouldn't you want to have the agent's guidance and knowledge during the home inspection and to assist you with the mortgage process (if you plan on financing)? What if problems arise right before the closing? An agent can help to rectify any problems that may pop up to assure that the transaction occurs within your time frame.
It is worth your while to pay for a real estate agent's expertise. Call some local real estate companies and interview a few agents to determine who is willing to assist you and who you feel you can trust.

Best wishes!

Laura Feghali
Berkshire Hathaway HomeServices New England Properties
0 votes Thank Flag Link Fri Nov 15, 2013
If the seller is not willing to buy the buyer's agent a commission, you can certainly pay the agent yourself. In this situation, an independent broker or real estate attorney would be able to do the job for you.

Best of luck.
0 votes Thank Flag Link Fri Nov 15, 2013
Yes you can of course pay a commission or fee for services to either a Realtor or attorney. There is nothing saying the seller NEEDS to pay these fees - it is just customary in real estate.

Be advised that you get what you pay for though, and if you are simply paying someone to write the contract then you would not be entitled to any additional services or protections that a Realtor would normally provide unless you pay their full fee.

I've had several buyers that bought FSBO where the seller was not willing to budge on paying anything. They've paid a realtor of their own 3% commission or negotiated a slightly lower percentage. If you receive a finder's fee then you should just have the seller pay this to your realtor to save you the money and avoid having to pay taxes on that as income.

Best of luck!
0 votes Thank Flag Link Fri Nov 15, 2013
Nothing prevents you from paying commission to an agent and the commission is negotiable. The problem for the most agents will be that the seller, most probably, does not have any representation and will try to get advice and forms off the buyer's agent. This forces the agent into a dual agency situation. You may be better off hiring a lawyer for this purchase.
Web Reference: http://talisrealestate.com
0 votes Thank Flag Link Fri Nov 15, 2013
A lawyer may be able to do it for you. But there is more than just writing a contract. There are a lot of disclosures that are state required and others that are customary in the area. If both you and the seller do not have an agent, who is going to manage the papers and local ordinances?
Buying a used car from a strange person off the street is problematic and so is what you are doing. It will be well worth 2% or so to hire an agent to represent you.
good luck.
call me if I can help
0 votes Thank Flag Link Thu Nov 14, 2013
You might try and independent broker but you may not agree to the fee charged.
0 votes Thank Flag Link Thu Nov 14, 2013
A lawyer may be able to do it for you. But there is more than just writing a contract. There are a lot of disclosures that are state required and others that are customary in the area. If both you and the seller do not have an agent, who is going to manage the papers and local ordinances?
Buying a used car from a strange person off the street is problematic and so is what you are doing. It will be well worth 2% or so to hire an agent to represent you.
good luck.
call me if I can help
Flag Thu Nov 14, 2013
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