Special offer

Is this GREED, or am I way off-base on this one???

Greed

I am in the process of putting together a lease with an option to purchase ... VERY likely these folks will purchase the home in less then 6 monthsI represent the Seller, the Tenants/Buyers have their own Agent, and I am doing all of the paperwork!

Today, I get an email from this Buyer's Agent wanting to confirm with me that they will receive 1/2 Month's rent worth of compensation for the Lease, and then 3% once the Tenants exercise their option.  I responded and basically said, well if that is how you want it done, I suppose we can, but I feel that is quite greedy.  This Agent went on to say that is their Broker's policy and I should call the Broker if I have an issue with it.  Not something I have time for, nor care enough to get involved in ... I didn't argue, I just stated I felt that was greedy.

I will be collecting 1/2 Month's worth of rent upon Lease signing, and will take x% commission as agreed-upon when it sells, LESS that 1/2 Month's rent that they had already paid, ONLY A FEW MONTHS PRIOR.  In my mind, it is just not at all fair that the Seller dual compensate an Agent for the same party.

VERY curious to see how you, my colleagues and ARers, feel about this!  Who do you think is right in this case?  How would you or how do you handle this very same situation?

 

Stephanie Moen (Lazcano)
Champions Real Estate Group - Houston, TX
Commercial Property Manager and Leasing Agent
I would take the lease fee now and when it closes take the commission minus the lease fee.
Mar 28, 2008 04:44 AM
Joe Hayden Real Estate Team
RE/MAX Properties East - Louisville, KY
Your Louisville Real Estate Experts!
Hate to be picky (and possibly echo a previous comment), but it sounds like you should revamp your MLS listings to include more detail.
Mar 28, 2008 05:05 AM
Anonymous
Ann
Derek, I would ask to see a copy of the buyers rep!!
Mar 28, 2008 05:14 AM
#69
Anonymous
Stephanie McCarty

I used to live in Livonia MI, many many moons ago!

On a lease in this area (metro Atlanta) we get 10% of each months rent and NO upfront money - you can see why I don't pursue that part of the business at all!    Your buyer's agent request does seem over the top to me.

Mar 28, 2008 05:26 AM
#70
Beth Anderson
Goedert Real Estate - Tecumseh, MI
Realtor - Tecumseh / Lenawee County

If you offered in the MLS both the 1/2 months rent for a 12 month lease and a 3% for a closed sale and I'm assuming that the actual full lease is for 12 months and that would trigger the 1/2 rent compensation.  If the buyers are fortunate enough to be able to close before the end of the rental agreement period, such as 6 months in, I would be thrilled to have a confirmed closing and as per the agreement in the MLS now give the closing commission. 

We have seen rent w/ options where after the full year has passed, even if the renters now wanted to buy, the value of the property has dropped considerably below the original offer from the prior year, that potential buyer will be walking away or renegotiating the sales price rather than taking the option.  I'd just be happy if they could close in 6 months and be glad they didn't wait the full 12 months, even if it makes you feel the buyer's agent is profiting beyond your intentions. 

If you didn't write into the commission comments that the rental portion would be pro-rated back from the closing commission for each month less than the full 12, I think you need to stand by what was presented in the MLS.  Its just expecting what the MLS offered, not greed. 

If in the other hand, this wasn't what you offered in your MLS listing, but what the buyer's agent would ask for if they were in charge of the commission struture, tough luck to them, its whats in the MLS that counts not what their Broker wants.  I'm not thrilled when I show a property that is offering 1.5% less than what most others are giving, but if I write an offer, I don't email the other agent and ask for more just because I don't like the pay scale. :)


Mar 28, 2008 05:56 AM
Tere Episale
Century 21 Crest Real Estate - Wanaque, NJ
Real Estate in TEREtory

I haven't read all of the comments so this may be a repeat but in this area the tenant pays a 1 month (lease amount) equivelant for a lease, NOT the seller!

So maybe you can suggest the same in this case. The owner will pay the negotiated commission at the closing when it closes.

Good Luck with that!

Tere

Mar 28, 2008 06:36 AM
Alan Robinson
PTE REAL ESTATE GROUP - Phoenix, AZ
This is like a glass half full or half empty kind of scenario. In its simplest form, if you look at the situation and your conscience says "greedy pig" then you know your answer! 
Mar 28, 2008 09:35 AM
Anonymous
Anonymous

Hi Derek,   I was in a similar position, but I did not have my listing advertised in the mls as a rental, just the sale. I only charged the commission on the sale, not the what turned out to be a year long rental.  I too had a problem w/ charging the seller twice and the buyers agent never even brought up the rental commission so I guess she felt the same way. However, since you have it advertised both ways I would think that if the other agent wants both of the commissions than you would have to oblige?

I like Missy's idea of getting paid for the lease upfront and then deducting it off of her commission. That way you get something now and in case it does'nt sell you did'nt do all of that work for nothing. Wish I would have thought of that! 

Mar 28, 2008 09:58 AM
#74
Megan McGonigal
Integrity Real Estate - Northeast, MD
CRP - Cecil County, MD & Harford County, MD Real Estate

Sorry for the double comment. I was'nt logged in on the first one and I want my points cuz I'm GREEDY! 

Hi Derek,   I was in a similar position, but I did not have my listing advertised in the mls as a rental, just the sale. I only charged the commission on the sale, not the what turned out to be a year long rental.  I too had a problem w/ charging the seller twice and the buyers agent never even brought up the rental commission so I guess she felt the same way. However, since you have it advertised both ways I would think that if the other agent wants both of the commissions than you would have to oblige?

I like Missy's idea of getting paid for the lease upfront and then deducting it off of her commission. That way you get something now and in case it does'nt sell you did'nt do all of that work for nothing. Wish I would have thought of that! 

Mar 28, 2008 10:21 AM
Robert L. Brown
www.mrbrownsellsgr.com - Grand Rapids, MI
Grand Rapids Real Estate Bellabay Realty, West Mic
If it was on the MLS it should be paid. Keeps everything so simple. Lesson learned.
Mar 28, 2008 01:16 PM
Heather Moriah Martin
eXp Realty - Allentown, PA
REALTOR - Lehigh Valley

Well, I would guess...that you should be paying commission for the Lease...if that is what is being accomplished now.  I do not know If I would call it greed in the long hall..if the Tenant does actually purchase the home....the seller will be selling and the buyer will be buying.  If you think about it, the buyer was brought to you by the agent and if this was just a lease without an option to purchase you and your seller would be back to the drawing board in the future.

In reference to you doing all the work.  This is really your decision....you could force the buyer's agent to do their job...but, I understand from experience that things would be delayed and nothing would get done...been there done that.

So, even though, I would have never thought of getting paid twice on this deal before I read your blog...it does seem fair to me...cuz, the seller is getting two benefits for the price of one!  Don't you agree?

Thank you for your Blog!

Mar 28, 2008 01:51 PM
LaNita Cates
REMAX of Joliet - Joliet, IL
I think it is absolutely fair to be paid for both the rental and the purchase. It has nothing to do with greed at all. I've put several people in rentals and it's in the contract that if they choose to buy that rental, I get paid.  I brought them a buyer.
Mar 28, 2008 01:56 PM
Lisa Friedman
Alliance Realtors - Bedminster, NJ
Central New Jersey Real Estate
Derek, I believe that the fairest thing to do would be to pay the one year rental fee upfront and then to pro-rate any portion back to the seller once the sale closes.  That way, if it doesn't close, you are both still compensated.  No double dipping.
Mar 28, 2008 02:04 PM
Sandra Carlisle (Ayers)
Berkshire Hathaway California Properties - Newport Beach, CA
Real Estate Marketing & Sales

What's confusing?  The agent procured a renter and a buyer.  Just prorate the twelve to six.  No reason the buyer/leasing agent should be out because you think they are getting paid too much.  The compensation in the MLS was pretty clear.

It's not greed, it's what is stated. 

Mar 28, 2008 02:32 PM
Derek Bauer's, www.DoorToDreams.com Door to Dreams Home Selling Team
Real Estate One - South Lyon, MI

Fred - that is an interesting way to do it.  Thank you for stopping by and commenting!

Lenn - Very interesting!  I always look forward to your wisdom and insight.  Thank you!

Kevin - That is a neat way to do it and I agree, I am not a big fan of Lease Options.  Thank you

Leo and Stephanie - Thank you and I completely agree with you!

Stephanie - Thank you and I agree that their request is a bit over the top as well.  It is SO interesting to see how this is handled in different markets.

Beth - Hello in Lenawee County!  I grew up in Adrian, went to high school there, used to belong to Lenawee Country Club, etc.  Glad to see someone from there on here!  Thanks for your comments.

Tere and Michael -   Thank you both for stopping by and commenting.

Megan - hahahahaha  No I don't think you are being GREEDY in wanting your points :). Thanks for stopping by and commenting.  I agree with Missy, too, and that is in-fact what I initially proposed to the Agent and thus this blog...

Moriah - Thank you for your comments and for stopping by.  I think we are in a slight disagreement on this one, as I feel that the Seller should get credit for the commission they paid on the Lease, toward the Sale commission, for both Agents.

LaNita - Thank you for your comments.

Lisa - THANK YOU!  I COMPLETELY AGREE WITH YOU!

Mar 29, 2008 08:57 AM
Anonymous
Stephen

In commercial real estate agents live and die by the lease commission. The answer is two fold. Most lease commission is usually 10% gross lease paid monthly or one months lease paid up front. I know the residential lease world can't quite figure that out. They seem to think we residential agents don't do anything for our rental contacts. Some are more labor intensive than purchase contracts.

 Then a totally seperate purchase commission paid at the closing in this case 3% for bringing a ready, willing and able buyer. At the time of closing. They technically are not paying twice because they are basically becoming a land lord for 12 months with all the benefits of owning rental property. Someone else paying their mort while they get the interest tax deduction and any other expsnses they incur while being a landlord. Then after 12 months they get a ready willing and able buyer whose already in place who just has to close on the property. 

Mar 29, 2008 11:01 AM
#82
John Lopez
Budget Realty LLC - Detroit, MI

Hey Derek,

Do you have a good lawyer? I would have fired you as my Realtor! 

Teasing you Derek...  

What's stated in your listing agreement with the seller?

John Lopez

 ````````````````````````````````````````````````````````````````

 REALTOR,

 

Do you have a client that wants to buy a house on the Westside of Ann Arbor, but doesn't have good credit? I have a property on #### Stayaway that might interest your client to be in a RENT TO OWN program.

See attachment for a printable flyer or email it to your client.

 

Compensation for the REALTOR: One month rent and at the end of the program receive 3% of the purchase price.

The client can have his/her own Loan Officer to work with through this process or we have recommendations of Loan Officers to interview.

 

Why should your client rent when he/she can own a home? Your client will have a portion of the rent to be use as down payment while trying to build his/her credit. Credit Repair is available as well.

 

If you have an applicant contact me at ###-###-#### or email me at realestatemichigan@yahoo.com.

 

I look forward in working with you!

John Lopez

``````````````````````````````````````````````````````````````````

 

 

Mar 30, 2008 03:33 AM
Carmen Tomlinson
Re/Max Select RE - Maple Valley, WA
King & Pierce Counties WA
I think that's a tricky one.  The agent should be compensated something if it's a lease option though. 
Mar 30, 2008 11:05 AM
Derek Bauer's, www.DoorToDreams.com Door to Dreams Home Selling Team
Real Estate One - South Lyon, MI

Stephen - Thank you for commenting.  But what if that Lease doesn't go for 12 months, and the Agents were paid based-upon a 12 month Lease?  Shouldn't the Landlord (then Seller) get some credit for that?

 

Mar 30, 2008 01:08 PM
Susan Zanzonico
Berkshire Hathaway Home Services - Morristown, NJ
Sellers/Buyers Agent, Morristown NJ Real Estate

To me it seems reasonable to get both commissions.  Especially since it sounds like everyone knows upfront that they will lease and then buy.  What is to prevent all home sellers from doing this and avoid paying real estate comissions.  I don't feel its greedy as you are taking care of all the issues and responsibities associated with both of these transactions.

Jun 06, 2008 02:03 AM