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Buyer Broker Agreements You Can Choose From in California - Part 2

By
Real Estate Agent with Dilbeck Real Estate CalBRE#01339470

 

Buyer Broker Agreements You Can Choose From in California

Part 2

In Part 1 of Buyer Broker Agreements You Can Choose From in California, I explained the three options that we have to work with Buyers.

BRNN – Non-exclusive Not for compensation. In our local area we call this the “Baby Bear”. It is just a piece of paper between you and the buyer with no holds barred.

BRNE – Non-Exclusive. Where the transaction is spelled out and you are paid your commission if the buyer buys a property that you have shown listed on the agreement. We call this the “Mama Bear”. It has power but not as big as the next but more than the baby.

BRE – Exclusive. Where the buyer buys anything within the dates set on the agreement and you are paid a commission. We call this the “Papa Bear”. This has the power over all.

In Part 2 I will explain the experiences I have with a few buyers and the attempt to work in a buyer broker agreement and the success.

One good and one not so good.

 

1)

 

I had a guy call on a property in the Ventura area which for me is 40 minutes away. The price range was decent. I asked all the main questions we would in the process of finding who is who. One is, “are you working with a Realtor”? He says not right now. I said “you hesitated do you have someone in mind”? “We’ll we just want to see this property”. With my discomfort I tried to be as calm and appeasing as possible. He said we have  ‘a friend in church who referred me to one of their friends that is an agent but HE IS ON VACATION”. I tried to explain what he just said to me about what and who I represent and that we need to put a buyer broker agreement in play. I said that essentially I will drive up there and show you the house. then you walk away to think about it. you interview another agent and you wind up buying from that agent on a home that I showed you. I said the buyer broker agreement is for me, you and that specific house that I showed you. if you purchase that home I am paid a commission. I am sure you don’t work for free and nor do I. It is a part of our world. He was put-off. He said I don’t like the way this conversation is going so forget it. “All I want to do is see this property”.

 

Then a few days later I get an email from the lead service that I got this from, that I have a fabulous record with, and when they asked him of his experience I was slaughtered. He said he has never been treated this way and never wants to hear from me again. I told them the real story.

 

Ultimatley, if I had driven up there and shown the property. Waited a few days to see if he was going to choose my style and approach or the other “church friend” and not had a buyer broker signed for the specific property shown, would it have been a waste of time? My attempt was to protect me. I believe I made the right decision.

 

2)

 

The next one was recent. It was on a $4 million dollar property. I felt the need but was afraid to ask. In this price range you have to speak and handle with kit gloves or they will just go to the next guy. The client was so warm when we connected and she was impressed that I got back within in 10 minutes of her click of the button on the internet and the other agent had not. A few hours passed and she was sent an email response, after we had already discussed a day of showings. She wanted immediate results and I gave it to her. She says “Ken, what should I do? I want to work with you but I feel obligated to work with the other agent since I called him first and he has now claimed his availability to show his listing”. “I am uncomfortable”

 

I indicated that it is her choice who she works with but what have I done for you already, and when did you hear back from the other agent?. She says “I do want to work with you but when we show up, with the appointment that you made, and the other agent knows who I am it will be uncomfortable. I said that I have a way that will protect you and me. “We have a buyer broker agreement that shows all the properties that you and I see on this particular day this way we are working together”. It worked great, she signed, we saw and we are now continuing to find her a home. And it is not the one that she originally called on. The other agent may have only shown her his listing. I was able to show multiple properties that day. AND, she said “I am glad that we connected because I did not like him”

 

I hear from people, not always agents, that these should be used ALL the time in every buyer representation. I say that you have to pick and choose the opportunity. With all the thousands of real estate agents out there your buyer can just flip a coin and choose one tomorrow. I personally feel that the connection that I make with a client when they see how I handle the process and the services I provide are second to none and they will not go away. if I choose not to use one that is my decision.

 

I have not been burned, that that I know of, but any day that can change.

Buyer Broker Agreements You Can Choose From in California

 

Posted by

If you are interested in buying or selling a home in Burbank, Glendale, Montrose, La Canada, La Crescenta, Pasadena or the surrounding areas of Los Angeles County please call Ken Barker at 805.2174183 or email me at ken.barker@dilbeck.com. My specialty is first time buyers, move-up, investment, relocation or estate sales.

You can search homes at http://www.realliving.com/Ken.Barker

 

Ken Barker, GRI, E-Pro
and Certified Negotiator
Coldwell Banker Residential

DRE Lic#01339470
805.2174183 (cell)
805.4952218 (fax)
ken4homes@earthlink.net
www.camoves.com/ken.barker
P.S. Please don't keep me a secret! It is my goal to provide you with the quality of service that makes it comfortable for you to refer people you know and trust to me. Who is the next person you know who would benefit from my services?

 

 

 

 

 

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Donne Knudsen
Los Angeles & Ventura Counties in CA - Simi Valley, CA
CalState Realty Services

Ken - A great follow-up to part one.  As much of a proponent I am for BBA's, I can see where you have pointed out that you have made a business decision to ask or not to ask.  I completely understand that.

I would make one suggestion though.  You should provide a link in your post to part one so that anyone who hasn't already read part one can do so now.  The two posts really do go together.  JMHO

Sep 21, 2010 05:13 AM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Hi Ken, great Part II to the Buyer Broker agreement. I have been waiting to read the experience you had. The first one just makes my blood boil, that is the ones I generally use it to get rid of them. Now your second one was interesting, it made me pause. We all have situations like that, I never thought to use the buyer broker agreement as "re-assurance" thank you. I will add it to my tool box:))

Sep 21, 2010 06:07 AM
Claudette Millette
The Buyers' Counsel - Ashland, MA
Buyer, Broker - Metrowest Mass

Ken:

This is fascinating - Mama Bear, Papa Bear and Baby Bear.  I had no idea that you had this type of variety to choose from. I have been practicing buyer brokerage for 18 years now. I use a very simple form that I drafted along time ago.

Very interesting post.

 

Sep 21, 2010 03:53 PM
Ken Barker Realtor® GRI, E-Pro Certified
Dilbeck Real Estate - Burbank, CA

Claudette - Yes there has been an entire set. You know when you get attorneys and risk management together they dream up and have a bit of overkill. I should have stated that the reference to the bears is based on a local manager that teaches these. Good association.

Thanks for stopping by. I appreciate it.

Sep 21, 2010 04:32 PM
Sidney Kutchuk - Realty Works Temecula Kutchuk - Realty Works Temecula
Realty Works Temecula - Temecula, CA
Realty Works Temecula

Ken:  Most "Lead Generating", companies are supposed to provide leads where the client does not have an agent anyway.    The guy wanted to use you and would not have written the offer!  I would have done the same thing if he was not prepared to be loyal to me. 

Sep 22, 2010 12:42 PM
Ken Barker Realtor® GRI, E-Pro Certified
Dilbeck Real Estate - Burbank, CA

Jane - The lead services that I get are cold. I don't pay till I close. People sometimes have agents and more often do not.

Thanks for stopping by.

Sep 22, 2010 01:53 PM
Carol Lee
Dilbeck Real Estate - Oak Park, CA
Realtor - Agoura, Oak Park, Westlake CA Homes

Hi Ken!  My gut is that if they won't sign the Buyer broker, there is a reason, and usually that reason is that they don't want to be committed, or  they have another agent they plan on using.  I like the bit about using it just for the properties you show them that day.  not threatening at all.!

Sep 23, 2010 06:25 AM
Renée Donohue~Home Photography
Savvy Home Pix - Allegan, MI
Western Michigan Real Estate Photographer

I like that - baby bear and papa bear!  People will sign if they REALLY want to buy that property or some other property!  They won't sign or hesitate when they are working with another Realtor ON VACATION.

Sep 23, 2010 10:41 AM
Ken Barker Realtor® GRI, E-Pro Certified
Dilbeck Real Estate - Burbank, CA

Carol - Thank you for stopping. Yes, if we use any the "specific property line" is the way in the door.

Renee - You are
so right. Do you have more than one choice in Vegas?

Sep 23, 2010 03:15 PM
Susan Haughton
Long and Foster REALTORS (703) 470-4545 - Alexandria, VA
Susan & Mindy Team...Honesty. Integrity. Results.

This was a great follow up to the first post.  We only have one BBA here in Virginia but we can customize the terms;  I also use it on a specific property basis with skittish prospects.

Sep 23, 2010 04:17 PM
Ken Barker Realtor® GRI, E-Pro Certified
Dilbeck Real Estate - Burbank, CA

Susan - Thanks. It took a long time but better late than not at all.
It would have been nice to have more views and hear about all the different states and how they use it. A few commented.

Thanks for stopping by.

Sep 24, 2010 03:37 PM
Karen Crowson
Coldwell Banker Residential Brokerage - Rancho Bernardo, CA
Your Agent for Change

Ken, I really like how you've laid this all out. Will come back and re-read again. This should be a feature.

Sep 25, 2010 04:33 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

I use the exclusive buyer broker agreement, well, exclusively. If I am asked to show a home and the buyer hemmed and hawed after I questioned them about agency, I just lay it on the line. I say, "Do you understand that if I show you this home and you want to buy it, you will have to buy it from me? You can't hire another agent to represent you if I show you this home." When I put it that way, if they really don't want to work with me, they won't push the issue. They'll decide to wait until their agent comes back from vacation, or whatever. Then I don't come across as the bad guy warning them about taking advantage of me or wasting my time. Actually, I get a glimpse of whether they like and trust me when I give them the agency disclosure to sign. If they sign that quickly and without reading the whole thing, they trust me. Lots of agents don't get those signed upfront but you're supposed to get them signed before you even show a home, so I do.

Sep 25, 2010 05:25 AM
Ken Barker Realtor® GRI, E-Pro Certified
Dilbeck Real Estate - Burbank, CA

Karen - Thanks. I too think it should be a feature but apparently AR Gods don't. I know it has been suggested. Did you suggest this one as well? I know you suggested Part 1 too but NADA. It would be nice to hear all the types that are used around the states.

Elizabeth -- I KNOW you are one that can probably have the persona to get an exclusive signed. I agree as I read down that you get the agency signed and then it is just part of the process to get the Buyer Agreement signed especially Papa Bear.

I appreciate your stopping by.

Sep 25, 2010 09:04 AM