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Realtors® Are Not A Protected Class

By
Real Estate Broker/Owner with KGC Properties LLC, Tucson Property Management & Real Estate

Something I'm noticing in agent-only remarks on bank owned properties:

"No commission if Buyer is a real estate agent."

"No commission if real estate agent is related to Buyer."

And my favorite, "No offers considered if Buyer is the real estate agent or related to agent."

Some REO companies have a cover sheet with the question, "Are you an investor?"  

 

I appreciate these disclosures.  Knowing it ahead of time is more appreciated, since from first-hand experience - this information is often disclosed after the fact.

Discussing this with an REO agent/friend, he told me that certain banks decided to develop this "rule" or policy because of a variety of reasons.  Banks he has worked with often do not want investors to buy the properties; don't want real estate professionals to buy because of the high likelihood the intent is to "fix and flip"; others simply don't want to pay the commission because they feel the agent or their relatives are already getting enough, i.e., the property.

It is what it is.  But is it OK?  And ... what to do - what to do ...!

Do you NOT show your Buyer properties because you won't get a penny for your effort?  Or do you go ahead and work the transaction with no commission because it's a great property for your Buyer?  Or, do you refer your clients to someone else and possibly lose future business from that client down the road?

Realtors® and their relatives are not a protected class under the Fair Housing Act.  By definition, banks then can do this and it is not discrimination. 

So what is it?

Posted by

Buying or selling Tucson real estate, Mt Lemmon, Tucson bank-owned homes, Tucson rental homes, or Tucson lease option homes? Visit www.KGCPropertiesLLC.com .

                                                 

 

This blog is written with my opinions and my opinions are  presented with accuracy but not guarantees. Please talk to a professional before making any real estate, financial or agency decisions.    Gabrielle Kamahele Rhind - 2014. If you want to reprint parts of this - just email me for my permission: KGCProperties@gmail.com .

 

Comments (68)

Teresa Boardman
Boardman Realty - Saint Paul, MN

I don't understand.  If the buyer isn't a real estate agent wouldn't a real estate agent representing the buyer get a comission?

No I can't work for free and my buyers and sellers understand that if they want my help with a transaction where the comission isn't paid by the seller then they have to apy me.

Jan 26, 2010 07:36 AM
Paul S. Henderson, REALTOR®, CRS
Fathom Realty Washington LLC - Tacoma, WA
South Puget Sound Washington Agent/Broker!

Gab, I have also seen this and I can see this if the listing agent wants to buy the property. He or she has been their info provider and I can see a conflict of interest. The buyer should be able to be anyone, I see lawyers snapping up properties as part of their investment portfolio and in our state they can still collect the commission because they don't hold a RE license. What a fine line in the sand! Congrats *!
Does anything make sense anymore,

Paul

Jan 26, 2010 07:45 AM
Andrea Swiedler
Berkshire Hathaway HomeServices New England Properties - New Milford, CT
Realtor, Southern Litchfield County CT

I don't have to respond to the part about the banks not paying yada yada yada. I will respond to the issue of not showing a listing because of the commission paid. I can't speak for where you are, here in CT once we sign a buyer broker agreement with our client we are saying that we will find them a home, the best home possible, on and on. No where does it say that I will find you a home based on the commission. It does say that if the seller is not going to pay, the buyer is responsible to pay. End of story.

I get burned when I hear agents who won't show a property based on the commission offered.

Jan 26, 2010 07:52 AM
Michael Werbick
Castle Pines North, CO

That is why you get a partner that is not a relative in your fix and flip opportunities.  You start a LLC in Montana (best privacy laws) with both of you as managing partners.  He offers and buys, you get commission.   

Jan 26, 2010 08:59 AM
Barbie Burke
Respect Realty - Tempe, AZ

Many of the banks make some strange rules about what and who can buy their properties.  Then there are some who do not have any exclusions. 

Jan 26, 2010 09:02 AM
Gabrielle Kamahele Rhind
KGC Properties LLC, Tucson Property Management & Real Estate - Tucson, AZ
Broker/Owner

HI BARBIE!  I find that the banks with no exclusions also tend to be the easier ones to work with!  Thanks for the comment! -- Gabrielle

HI MICHAEL!  I think you are the first one to share that information! -- Gabrielle

HI ANDREA!  This post was more about receiving NO commission or compensation for work just because someone is an agent or related to one.   I volunteer a lot of my time as it is - and for me, working for free doesn't make good business sense.  If you did not have an agreement that the Buyer will pay if the Seller doesn't - would you work for no commission?  Thanks for voicing your opinion. -- Gabrielle

HI PAUL!  Hey there!  I too agree about listing agents - they have the edge.  I recently wrote an offer and the listing agent also wrote an offer for her buyer.  Guess whose offer was accepted? Nice to see you here! -- Gab

HI TERESA!  You'd think - but there isn't always an answer for things - or at least an answer that makes sense to everyone!  Thanks for the comment - Gabrielle

HI AMY!  Yes - it is.  Sometimes that is an option clearly stated in the remarks. Thanks for the comment! -- Gabrielle

HI AMY!  It is just interesting the thought process behind the policies some times - isn't it?!  -- Gabrielle

Jan 26, 2010 09:31 AM
Aaron Silverman
SuccessfulRental.com, Bluewater Property Management, LLC and Lowcountry Turnkey Properties, LLC - Charleston, SC
Improving Real Estate Experience through Education

If your client selects a house the does not offer a commission to the buyer's agent, as a Realtor you should show the home; however, inform your client that the seller is not paying the commission on this house and they, the buyer, are responsible for the commission at closing.  That helps put a roof over your head and you keep your commitment to proving the best possible service to your clients.

If I found out a Realtor did not show me a home because of a reduced commission, I would fire him or her and never refer anyone to them.  If a Realtor is up front about the additional cost of the house, the cost is factored into my buying decision.

If a buyer wants the home, they may pay the extra few points.  Keep your integrity, inform your client, show the home and build your referrals.

Aaron

Jan 26, 2010 09:54 AM
Aaron Silverman
SuccessfulRental.com, Bluewater Property Management, LLC and Lowcountry Turnkey Properties, LLC - Charleston, SC
Improving Real Estate Experience through Education

If your client selects a house the does not offer a commission to the buyer's agent, as a Realtor you should show the home; however, inform your client that the seller is not paying the commission on this house and they, the buyer, are responsible for the commission at closing.  That helps put a roof over your head and you keep your commitment to proving the best possible service to your clients.

If I found out a Realtor did not show me a home because of a reduced commission, I would fire him or her and never refer anyone to them.  If a Realtor is up front about the additional cost of the house, the cost is factored into my buying decision.

If a buyer wants the home, they may pay the extra few points.  Keep your integrity, inform your client, show the home and build your referrals.

Aaron

Jan 26, 2010 09:54 AM
Aaron Silverman
SuccessfulRental.com, Bluewater Property Management, LLC and Lowcountry Turnkey Properties, LLC - Charleston, SC
Improving Real Estate Experience through Education

If your client selects a house the does not offer a commission to the buyer's agent, as a Realtor you should show the home; however, inform your client that the seller is not paying the commission on this house and they, the buyer, are responsible for the commission at closing.  That helps put a roof over your head and you keep your commitment to proving the best possible service to your clients.

If I found out a Realtor did not show me a home because of a reduced commission, I would fire him or her and never refer anyone to them.  If a Realtor is up front about the additional cost of the house, the cost is factored into my buying decision.

If a buyer wants the home, they may pay the extra few points.  Keep your integrity, inform your client, show the home and build your referrals.

Aaron

Jan 26, 2010 09:54 AM
Mark Watterson
Salt Lake City, UT
Utah Real Estate

Well written and great comments.

The banks have all kinds of excuses for making their own rules. 

But they all stink.

Jan 26, 2010 10:50 AM
Patricia Aulson
BERKSHIRE HATHAWAY HOME SERVICES Verani Realty NH Real Estate - Exeter, NH
Realtor - Portsmouth NH Homes-Hampton NH Homes

Geeze....that's ridiculous!  You'd think they would want to sell them wouldn't ya. ....This seems biased toward the Realtor for sure.....

Patricia/Seacoast NH

Jan 26, 2010 11:12 AM
Bridget Hayward
Bean Group - Stratham, NH
Experienced ~ Energetic ~ Effective

I think we should be a protected class  :)

Jan 26, 2010 11:13 AM
Damon Gettier
Damon Gettier & Associates, REALTORS- Roanoke Va Short Sale Expert - Roanoke, VA
Broker/Owner ABRM, GRI, CDPE

Yes it would be horrible if an agent bought a house and fixed it up to sell....imagine the travesty of a REALTOR helping to keep the comps up!  Horrible....

Jan 26, 2010 11:33 AM
Judd Reynolds
Exit Team Realty - Savannah, GA
Savannah, GA

Judd ReynoldsI've been seeing more of these lately in the greater Savannah, GA area. Unless it is one heck of a deal it sure wouldn't entice me to to look as an investor. As an investor, I guess you could discount the price in your offer to reflect the commission you would get paid if you sold the property to someone else. Most lenders I've worked with are mainly concerned with their NET.

Jan 26, 2010 01:00 PM
Jason Crouch
Austin Texas Homes, LLC - Austin, TX
Broker - Austin Texas Real Estate (512-796-7653)

Gabrielle - Lenn summed it up very succinctly in the first comment above in bold print.  This is yet another hurdle on the long road to real economic recovery.

Jan 26, 2010 01:35 PM
Patrick Harfst
Realty Executives - Phoenix AZ - Gilbert, AZ

Amazing! Banks can be so darn stupid!

Micheal - comment #36 - nailed it... Lenn is always spot on, too.

Jan 26, 2010 03:44 PM
Rob Thomas
Prestige Homes of The Tri Cities, Inc. CALL....423-341-6954 - Bristol, TN
Bristol TN-VA & Tri Cities Agent, ABR, GRI, e-Pro

I will never understand these comments...why would they care who buys it as long as it gets sold? Hope you have a great day!

Jan 26, 2010 10:15 PM
Jeff Colby
OmniQuest Media Labs - Obeo Distributor - Omaha, NE
President/CEO

The banks should not care who they sell it. On an ethical note though I think you are obligated to show the property if it is the right fit for the client. Has anyone tried to negoitiate a commision on a "Non-commisionable" property? Might work.

Jan 26, 2010 10:20 PM
Pat Palmer
Forefront Real Estate/ Forefront Mortgage - Upland, CA
Realtor - Upland, CA 91786

Hey Gabrielle,

The way I would look at it is that the bank isn't offering me a commission, the listing agent is. Unless a local board makes an exception, that would violate a whole bunch of policies. My suggestions would be to discuss it with your board, and ask them to have that listing removed. You might be amazed at how quickly that verbiage changes.

 

 

Jan 27, 2010 12:48 AM
Harley Wilcox
West Group Real Estate - Victor, ID
Harley Wilcox

So many comments i didn't read them all. I have been a RE investor for the last decade. Now i am a Realtor. perhaps Dennis has a point. Perhaps it is best that we keep at arms length from these transitions? so few seem to spoil for so many.

Jan 29, 2010 02:04 PM