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What Do FSBO's and Dual Agency Have In Common?

By
Real Estate Agent with Savvy + Company (704) 491-3310 228209

What Do FSBO's and Dual Agency Have In Common?

Choices in real estate - make the right one when buying real estate in Charlotte NCNorth Carolina is one of the few states the continues to allow Dual Agency - that is basically when one agent represents both the Buyer and the Seller in one single transaction.  Dual Agency is also when two agents from one firm/brokerage represent both buyers and sellers in a single transaction.  This discussion is about Dual Agency - By Agent ONLY & FSBO's.

What do they have in common?

First, let me tell you what prompted this post: 

Recently the National Association of Realtors® published their annual Profile of Home Buyers and Sellers for 2013.  One key point that I found incredibly interesting is in the For Sale By Owner (FSBO) highlights (realtor.org/reports/):

The AVERAGE For Sale By Owner LOST over $30,000 on the sale of the home - and that is AFTER commissions were paid.**

**The average For Sale By Owner home sold for $184,000 compared to $230,000 among agent-assisted home sales.  AFTER commission, that is a 15% difference!  Are FSBO sellers not aware that the average list-to-sales price in our area is between 95 & 97%That's a minimum of 10% that FSBO's lost because they did not hire a real estate agent--again, AFTER commissions were PAID.

What does this have to do with BUYERS?

I receive calls at all hours of the day and night from buyers who have a question about 'MY' listing at a particular address, complex or neighborhood.  I offer the explanation that in North Carolina, we 'share' our listings - basically, other agents' listings are on my site and my listings are on theirs - sort of a handshake deal between local real estate agents. 

It's NOT You Against the World with Your OWN Buyer AgentIt never fails that I am in my car when I get these calls!  The next question from the buyer is "Do you know who the listing agent is?" 

Well, I can tell you that I know my inventory and I know it well but, I am not in front of my computer to be able to tell you who the listing agent is on this particular property.  Can I ask why you wish to speak with the listing agent?

"Well, I only want to work with the listing agent."

Hmm...Do you realize that the listing agent ALREADY has a relationship with the Seller?  We don't know if that agent is related to the Seller, neighbors of the Seller or college friends of the Seller; why on EARTH would you think that you're going to get a fair shake when working with the SELLERS' AGENT?

"Well, I've bought and sold 5 houses in my lifetime - I think I'm experienced enough to do this on my own.  I'm not going to get burned as you suggested."

I'm sorry, I'm not trying to be condescending but, I Closed on 5 homes for clients JUST LAST WEEK - our Contracts change annually (at a minimum) and believe me, you will NOT be able to negotiate a better deal than I can! Nor, are you familiar with the process as it is quite detailed.

Furthermore, the Seller already has a SIGNED CONTRACT with the listing brokerage (not the agent) that states that they agree to pay X% in commission.  Do you really think that the brokerage is going to allow them to break that Contract and pay them less in fees just because you don't have an agent? - Remember, it is a HUGE liability for one single agent to represent both parties to a transaction!

What does this have to do with FSBO's?

In Real Estate - TIME IS OF THE ESSENCENow, as a Buyer, I would strongly recommend that you reconsider your choice to 'go it alone' - Compare your transaction to that of a FSBO (because that is EXACTLY the same concept). 

FSBO Sellers DO pay BUYERS' AGENT commission when they bring them a buyer (at least 95% of them do).  So, as you can see with the above statistics, we do beat them up pretty badly when it comes to negotiations! 

And, that's not all we do for you - We know our State Contracts; we know what inspectors do a thorough job and which ones don't; we know how to guide you down the road for a smooth transaction; we KNOW that TIME IS OF THE ESSENCE with our Contracts (these timeframes MUST be adhered to and if not, can cost you thousands of dollars).  We SAVE you FAR more money that you even THINK you will save by going it alone!

And to end the conversation...

"Well, you've certainly given me something to think about.  I will let you know what I decide to do."

"I thank you for your call but, can I give you just one last bit of advice?  I would love to work with you but, whatever you do, I don't care WHO you choose to represent you, just be sure you have your OWN representation!"

Don't become a Buyer with those same dreadful results as FSBO's Hire an agent who can effectively represent YOUR interests!  This is a very large investment you're about to make and having your own agent is critical to your home buying success.

©Debe Maxwell | www.AtHomesCharlotte.com | Charlotte Home Buyer Tips - What Do FSBO's and Dual Agency Have In Common?

Comments(46)

Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Debe, This is spot on. I am so glad this post was Featured. The analogy of dual agency and FSBO's does give a unknowing buyer wanting to work directly with the listing agent a lot to think about.

Jan 02, 2014 11:40 PM
Dan Hopper
Dan Hopper - Gold Way RE - Westminster, CO
Colorado Broker / Referral Services

Nice topic, Debe.  Thank goodness in our State, COLO, dual agency is against the law, as is, sub-agency.  I like how you use the analogy in your state's situation with FSBOs and dual agency, great job!!

Jan 03, 2014 12:09 AM
Juan Jimenez
A House on a Rock Home Inspections LLC - Richmond, VA
The Richmond Home Inspector

I don't understand why buyers and sellers forgoe experts that can save them tens of thousands of dollars. Its a no brainer!

Jan 03, 2014 12:15 AM
Zac Dennehy
Fairfax, VA
Northern Virginia Loan Officer

Thanks Debe! I couldn't agree more with your viewpoint. I've yet to meet a Realtor who feels any differently. A client of mine feels it is in his best interest to work with the Listing agent on a 1.6 Million purchase in Virginia! It's unfortunate VA is one of those few states that allows it. I think I will forward him this article!

Jan 03, 2014 12:20 AM
Jack O'Neal
HomeSmart Elite Group - Gilbert, AZ

People always think they can do it better than the professional, I found a couple once that wanted to sell and they discovered the home they had bought years ago, waas still in the sellers name. What a mess

Jan 03, 2014 12:45 AM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Debe

An outstanding read and so glad it was featured. Really hits the mark so well. Providing the ratonale for what is being said to a buyer wanting to go it alone, or a FSBO, is so much more convincing if they understand the WHY. But you can only educate so much.

I thought the stas from NAR were pretty telling and worth using in our discussions.

Jeff

Jan 03, 2014 01:25 AM
Bruce Swedal
Denver, CO
Denver Real Estate

Nice post, I think that you summed up the situation very well. As you know though some people just will not be convinced no matter what.

Jan 03, 2014 04:19 AM
Aaron Hofmann
Atlanta Communities - Smyrna, GA
aka Mr. Smyrna Vinings

I'm completely with you. Not sure why any buyer would ever consider not being represented. Unlike other things like writing your own will or preparing your own taxes, there is no cost to them to be represented by a buyer's agent.

Jan 03, 2014 05:19 AM
Larry Brewer - Benchmark Realty llc
Benchmark Realty LLc - Nashville, TN

Dual agency is not allowed in my office, and in general is discouraged by our association. We can write an offer for an unrepresented buyer or seller, but we have to disclose who we are representing.

Jan 03, 2014 06:36 AM
Margaret Goss
@Properties - Winnetka, IL
Chicago's North Shore & Winnetka Real Estate

Dual agency is allowed in Illinois.  When I go through the MLS and look at the most recent closed sales, it amazes me how many homes were sold as dual agency.  I don't know the percentage, but a guess would be 10% or 15%.  

Buyers keep doing it because many, many listing agents will reduce their commissions to get the deal done.  Even if they reduce 2 percentage points, they will still make more.  Not good for buyers, but it's the listing agents that go along.

 

Jan 03, 2014 07:17 AM
Ed Silva, 203-206-0754
Mapleridge Realty, CT 203-206-0754 - Waterbury, CT
Central CT Real Estate Broker Serving all equally

We do have dual agency here in Connecticut, and I am not a big fan of working both side of the street. It's always a disservice to the buyer to not have their own agent

Jan 03, 2014 07:18 AM
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

     Florida outlawed Dual Agency some years ago.  In its place we have, "Transaction Broker".   A Buyer and Seller will NOT get the same level of service as a "Single Agent" (Buyer's Broker or Seller's Broker).

Jan 03, 2014 09:16 AM
Joan Whitebook
BHG The Masiello Group - Nashua, NH
Consumer Focused Real Estate Services

Debe -- It is very unfortunate that NAR has not done a better job of advising buyers to have their own agent.  That is all I will say in this post or I may just get off on a rant about dual agency...

Jan 03, 2014 11:30 AM
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

Debe, I think these buyers know what to ask for from listing agents (and believe me, it is working in few cases!)

Jan 03, 2014 01:37 PM
Wayne Johnson
Coldwell Banker D'Ann Harper REALTORS® - San Antonio, TX
San Antonio REALTOR, San Antonio Homes For Sale

Debe-That is a great explanation and I would be surprised if many, after hearing your suggestion, would still want to go it alone. 

Jan 03, 2014 02:13 PM
Jason Crouch
Austin Texas Homes, LLC - Austin, TX
Broker - Austin Texas Real Estate (512-796-7653)

Debe - There are so many good points in this post that I don't know where to start. It's almost astounding how many buyers think they understand the process when they honestly need solid, professional representation.

Jan 04, 2014 04:32 PM
Kay Bennett
First Realty Company - Cookeville, TN
Your Best Cookeville Area Agent!

Well said.  Here in TN, we have dual agency as well, but in the past few years I have seen a big change in agencies to do away with that policy.  Now, designated agency is what we mostly do, and some Transaction Facilitaor.  I am so glad to get away from dual agency!  I used to hold my breath on transactions due to the position it seems to put agents in.  Great spill for the customer with your article.

Jan 04, 2014 10:50 PM
Roy Kelley
Retired - Gaithersburg, MD

This is very good information for prospective home buyers and home sellers that want to represent themselves.

 

 

Jan 05, 2014 12:44 AM
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Good information for consumers. I will share this post with fsbos.

Jan 06, 2014 07:43 PM
John J. Woods
Big Dog Press, LLC - Winder, GA
Going where no man has gone before - wouldn't you?

 

   Nicely done, clear approach to the problem.  As a buyer, I couldn't agree with you more.

 

Jan 08, 2014 01:01 AM