sale is by owner on forsalebyowner.com. Can our agent represent this deal. Do we have to pay our real estate agent any commission.
You can and should have someone to assist you. Most sellers representing themselves will cooperate with Realtors by paying the buyer's side fee (2-3%) as long as they get their price or close to it. Ask yourself why someone is not listed...it's to save the fee, which is fine. So the key is to have an agent who is comfortable working with owners directly and who can guide you on value. Some owners are unrealistic about the value of their home...some just bought it near the peak and are trying to avoid losing too much. Sellers have every right to represent themselves...and you have every right not to!
William response is on target. One more thing to keep in mind. If you are paying the agent to assist in negotiating, drafting contracts, assisting in the mortgage process..., they are working for YOU only. Their responsibility is to help you secure the home under the most favorable conditions. This differs from the majority of transactions where the seller pays the brokers. Agents must always act in an ethical and honest way, but when the seller pays the commission, their fiduciary responsibility is to the seller (unless their is a buyers agent contract with fee).
Feel free to contact me for more information.
Rafi Footerman
Mid Jersey Inspections
732-906-4100
NJ Home Inspector Lic. #076900
Maria,
This all depends on whether or not you have a "buyers agency agreement" with your buyers agent. If not, you are not obligated to the agent for the commission.
Having said that . . . as taught in economics 101 . . . there is no suc h thing as a free lunch . . . therefore, I would highly recommed that u have your current buyers agent remain on board as your representative to ensure a smooth transaction (details excluded). However, this entails negotiating the comssion in the sale.
Most of the FSBO's I work work with gladly pay the buyers agent, but as with any legal transaction, itemizing the details in writing is vital.
Love and Peace,
Francesca, Realtor, ePro
Million Dollar Sales @ Marketed 1006 - 2008
Francesca@PatrizioRE.com
Hi Maria, Jeannie Feenick back - William has a good point - a FSBO owner is not obligated to work with your agent, but as John reinforces the vast majority of them will. The FSBO seller is trying to work outside of the agent model to avoid commission in hopes of netting a higher return. But it is really shortsighted to refuse to work with an agent with a buyer.
For you, the benefit is great - remembering that you do not pay commission, you gain the benefit of having representation without expense. Fact is, and this is so important to remember, armed with the knowledge and negotiating advantage that a good agent brings to the table, you will be well served and likely do better price wise than if you fly solo.
Thanks for initiating this thread - good discussion!
Best,
Jeannie Feenick
"Unwavering Commitment to Service"
Search and connect at http://www.feenick.com
Hi Maria,
Have you contacted the FSBO yourself already? If not, give your agent the information on the house and he/she should know what to do.. meaning contacting the FSBO and telling that they have a buyer for the property and finding out f the seller will cooperate with a realtor at a set commission. We do this all the time and I would say that about 90% of FSBO's wll welcome a buyer from an agent and pay the commission.
Good Luck.
John Sacktig
Broker /Manager
Orange Key Realty
Office: 732-863-6969
Cell: 732-213-1409
JSacktig@orangekeyrealty.com
Maria: MAYBE to both questions. The seller does not have to talk to anyone they don't care to and with a FSBO, they may be averse to the Real Estate community and just will not deal with us.
If you use an agent, you will have to be sure that they are compensated. It's YOUR responsibility. In most listed properties, the seller compensates his agent and allows that agent to compensate, out of the commission agreed, the buyer's agent. In a FSBO or in ANY deal where this agreement does not prevail, you are the party who will be paying, unless you specifically negotiate some other settlement.
So, the answer is, maybe the agent can represent you, maybe not. Since you say you "have" an agent, I must ask if you have any contract with that agency. If not, you can go forward without representation. If you don't and have seen a property with the agent, you may have well created an obligation to pay that agency. If you do and proceed without the agency, you may create an obligation to pay WITHOUT using the agency. You should understand the rules under which we work and the contract, if any, that you have before you proceed.
Absolutely! In fact, it is to your advantage to do so. This means that you will have a professional representing you, while they will be working on their own. Its like having your own attorney, while they choose to represent themselves. Its their choice to do so, but the one with professional representation will have a distinct advantage, which can easily translate into much more favorable terms and a better price.
Hi Maria, you surely can have your agent represent you. Most FSBO will cooperate with agents which means that they will pay a commission. Share the info on the property with your agent so that she/he can contact the property owner and confirm that they will cooperate. It will be wise for your agent to confirm that in writing.
It is good of you to involve your agent - and in fact you will benefit greatly. First off, very often FSBOs are overpriced, and when you fly solo you will lack the market info you need to guide the bidding process. Also, your agent will likely do more than her usual share of work in keeping the tranaction on track since there is not an agent on the other side.
Good luck to you!
Best,
Jeannie Feenick
"Unwavering Commitment to Service"
Search and connect at http://www.feenick.com
Yes you can if the owner agrees to pay a realtor a commission you can also use what they call a transaction broker which is basically having an agent act on your behalf for 1% the seller may be happier with that if they already negotiated a price with you.
yes, you can. Give your agent the name and contact information of the FSBO... s/he will contact the FSBO to see if they'd be wiling to pay a co-op fee, to see that your agent is paid. Most FSBO's are happy to do so, if it will mean selling their home.
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