X (selling side) + X (listing side) = fee established to sell a home.

It's always been this way (at least, as far back as I can recall), and it just IS- sellers "pay" the fees in order to relieve buyers of cash out of pocket; the fee is in the published price of the home, so the reality is, the buyer is picking up the tab. To be equitable, lets just presume that each "side" pays.

On Long Island, grasping the concept of buyer agency has forced absurdity for many real estate agents, and short of the DOS stepping in and providing easy to understand agency representation disclosures (and eliminating two that make no sense), will remain so.

Those agents understanding the inherent fairness of buyer agency are met with listing companies that refuse the offering (they usually blame the seller). "GET THE BUYER TO PAY YOU- YOU'RE REPRESENTING THEM." Except, were I to come in under one of the other two offerings, either the SELLER is vicariously liable (yes! NY still offers sub agency) or the LISTING COMPANY is vicariously liable, should I intentionally misrepresent something. Not my problem! Except, no thanks- I'll work with my buyer and afford them the representation that they're entitled to- I'll also be their go-to if there's intentional misrepresentation.

Who, working with a buyer, wants to "represent" the seller, anyway??? That's the listing companies job, and they're being paid for it.

X (selling side) + X (listing side)= fee established to sell a home.

The forward thinking agents (ok- it's new here) have ready, willing and able buyers, yet on MANY listings, the only way to present the house is to force the buyer to pay them out-of-pocket for the representation. Some buyers agents do this without a thought- not fully grasping that fiduciary (in our verbiage, so required) would stipulate that we REALLY take care with our buyers financial postition.

X (selling side) + X (listing side) = fee established to sell a home. Except, buyer, YOU get to pay a new formula: X(selling side with no selling agent) + X (listing side) + X (buyer agency fee)= the fee established to sell a home the Long Island way. Our transactions should earn more, right?

Now, the problem could certainly be solved by reducing the offer to include the phantom selling side fee (that they're paying out of pocket). Except, now the SELLERS formula is: X (selling fee) + X (listing fee)- and their net is lowered- see, the buyer is not going to pay ia "selling fee" twice- it was taken into account when our offer was written.

If listing companies on Long Island don't start to understand the SIMPLE FORMULA of a transaction, and simply offer buyer agency because it's what NY is clearly dictating is best for all involved, we are going to continue to remain among the most backward (OK- we're in second place) real estate venues in the country. Transactions here are not about a meeting of the minds between a buyer and a seller; too many transactions are about a non- meeting of the minds between a listing company and a simple bit of math:

X (selling side) + X (listing side)= fee established to sell a home.

READ the disclosure; understand it, and my guess is that having me, or anyone, come in "representing" your seller is going to fall by the wayside. Here's another calculation:

My error as a sub or broker agent + 1 pi&*#d off buyer = potential lawsuit for either the seller, the listing company, or BOTH.

 Me? If I came in hired by you, I'm off the hook! Oh- and don't call me about it, because I don't remember anything that I discussed with the buyer- I was too busy trying to sell them "our" sellers house!

(facetious above, but any broker willing to assume liability for a selling agent that they've never met could well end up with that conversation). Just an OPINION, having seen too much nonsense over a simple equation, a state putting into action consumer protection, and some Realtors on Long Island digging their heels in quicksand, and looking very, very foolish in front of those to whom they owe fiduciary.

**The New York Agency Disclosure Form can be found here. Note that broker agency doesn't reference "selling agent", and if there's no buyers agent...