Special offer

I ain't signin' no frickin' agreement!!!! Part Deux

By
Real Estate Broker/Owner with Tutas Towne Realty, Inc and Garden Views Realty, LLC BK607690

Hun.....put the gun down!!! They'll sign.I wrote a post last week titled "Working with Buyers on a wing and a prayer!" This one is a follow with some pointers that may help in getting a Buyer Brokers Agreement (BBA) signed if you choose to work with one. And I hope you do. Here's what I do. 

First, if a buyer calls me to see one of my listings I will meet them at my listing to show it to them. At this time, I will not show them any other properties unless I happen to have another listing that's similar. 

If Buyers are just calling in, for any other reason, my goal is to make an appointment to meet with them. Since I don't have an office it will either be at one of my listings or a coffee shop. 

In either case, I'm going to sit down with them to find out what their needs are before I spend time showing them properties. Now I'll assume that you have already asked them some basic qualifying questions over the phone. I won't get into those here but will later if you need me to. 

Anyway, I am now sitting in front of the Buyers. The next step, of course, is to just talk with them. This is your opportunity to bond with them a little and build some level of trust. This may take you 15-30 minutes. Just chit chat. Forget about trying to get their business at this stage and concentrate on a sincere conversation. You want them to like you. 

Next you want to get down to business. The first thing you need to do is whip out a BBA and have it in front of you. You will be filling this out as you speak with them. 

I would start out with asking if they have been pre-qualified. If they say yes you want to ask them for the letter. If they don't have it see if they have the contact information for the lender or broker. You need this information. 

They may say, "We don't have a letter yet but we know we can get qualified, it won't be problem." 

My response to this would be something like this "Well folks we need to get this information before I can help you find the right house. Most Sellers will not even look at an offer without a pre-approval letter. Also, your financing and how it is structured will determine the location and the type of property we can consider. For example if you are going FHA there may be some areas we can't look in. If you are using a USDA Rural housing loan then we won't be able to look at pool homes. If you need down payment assistance we will probably have to steer clear of short sales and foreclosures......." 

I could go on and on but basically what I'm doing is showing my knowledge and building value. I'm telling them things they have probably not thought of before. Once I've explained why I need it, they will give me the information, if they have it, or I will be able to connect them with one of my trusted Mortgage Brokers. I will be entering this info on the BBA as we are talking. 

Next, I need to talk with them about what they are looking for. Style, price range, location etc. This is also being entered on the BBA as we talk. 

I need to know their time frame for purchasing. Whether or not it is a primary resident, second home or investment property. Do they need to sell a home before buying a home. All of this information is being entered on the BBA. 

OK, once I have gone over their needs. I need to tell them how I work. Agency or non-agency relationship. When they can reach me by phone. How often I check my email etc. When I work and when I don't work. This info is also being entered on the BBA as we talk. 

Now we have to discuss how I get paid. I'm bringing up commission now, so once we have agreed, it is no longer an issue. This is probably where they will stop you. "I thought the Seller paid you." "Well they do in most cases. However, there are properties on the market that may not be offering at least x% and that is the lowest I'm willing to work for. But I still want you to be able see these properties with me if they meet your criteria. As a Buyer you are in a position to ask the Seller to pay me more commission if what they are offering is not adequate. The majority of the time this will not be an issue but if it is I just want to make sure we understand how I get paid. OK?" 

"OK" 

"OK, so let's go over everything we have discussed." This is when I flip the BBA around and go over it. Remember I have already completed it as we talked. 

"What's that? I ain't signin' no frickin' ageement!!!" 

"Folks, the reality is you can't purchase a home without signing contracts. You are going to have to sign purchase contracts, loan application documents and this Buyer Broker Agreement. But, the good thing is, once you sign this agreement I will be there to help you with the others. This BBA outlines everything we just discussed to make sure we are both on the same page. It also assures that you will have my services all the way up to closing on your new home. I promise to work my ass off to help you and you are promising to work with me exclusively and promising that I will get paid for my services. You do want me to help you don't you?" 

"Well.......yes....but......... 

"Good....sign here and here. Now, lets go ahead and block off a few days on our calendars so we get down to business. How about we get started this Saturday at 10?" 

Folks, this post is very basic. I am also not a fan of scripts since all Buyers are different. But hopefully this post will give you some ideas. The BBA should NEVER be a stumbling block for you or your potential Buyer. Don't dwell on it too much. The Buyers really just want to work with someone they trust and who has the knowledge and ability to help them find a new home. The BBA is your opportunity to show them you care and that you take their home buying seriously. It's for THEIR protection. 

Now, if you are serious about using a BBA but have some questions or are trying to use one but keep getting shot down PLEASE leave your concerns in the comments and I will do my best to help. And this time.......you do not have to sign an agreement. My services are free......for now. Fair enough?

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 Tutas Towne Realty, Inc handles Florida real estate sales, Florida short sales, Florida strategic short sales, Florida pre-foreclosure sales, Florida foreclosures in Kissimmee Florida Short Sales, Davenport Florida Short Sales, Haines City Florida Short Sales, Poinciana Florida Short Sales, Solivita Florida Short Sales,  Orlando Florida Short Sales, Celebration Florida Short Sales, Windermere Florida Short Sales. Serving all of Polk, Osceola and Orange Counties Florida. Florida Short Sale Broker. Short Sale Florida.

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Comments(50)

Chris Oliver
Century 21, Preferred Properties - Reynolds Plantation, GA

I'm the stealth agent. I always get my BBA but I usually do wait until we've had a chance to establish a rapport. After all, if you read the thing, it tells them plainly they can cancel at any time. Better to have loyalty established. It will make you more money than countless BBA's signed before you even put them in the car.

Jun 11, 2008 06:57 AM
DeAndrea "Dee Dee" Jones
Samson Properties - Manassas, VA
DMVRealEstateChick

You have your system down.  It is good that you stick to your pattern so that it roles off your tongue like any other conversation. 

Jun 11, 2008 07:17 AM
Anonymous
Anonymous

very imformative- thank you

Jun 11, 2008 08:16 AM
#33
Stanton Homes
Stanton Homes - New Home Builder - Raleigh, NC
Design/Build Custom Home Builder in North Carolina

Bryant - I'd sign, after that speech! 

Jun 11, 2008 08:20 AM
Ian Anderson
Keller Williams Realty Florida Partners - Ormond Beach, FL
Greater Daytona Beach Area Luxury Home Specialist

I appreciate the post.  Timing is everything.  I just had a deal that I got taken by the listing agent.  My buyer didn't understand how we work and how we get paid.  They went direct to the listing agent just because he didn't want to bother me with questions that he knew the listing agent could answer his questions.  The listing agent talked him into making an offer and I didn't have a BBA.  I should have got a full commission instead of a referral fee.  I realize I could fight it but it's not worth making enemies over.  Lesson learned....

Jun 11, 2008 08:28 AM
Bryant Tutas
Tutas Towne Realty, Inc and Garden Views Realty, LLC - Winter Garden, FL
Selling Florida one home at a time

Ian, That is a tuff lesson to learn. Educate educate educate and then educate your buyers some more. Same for sellers. We just can't assume they know anything. The reality is they just want to buy or sell a house. I hoep this post will help yo in the future Ian. We've ALL been there.

Sorry guys but I've been very busy today and haven't had a chance to make it back here. I have however read each and every comment. Thank you!!!!

Jun 11, 2008 08:37 AM
Rebecca Levinson, Real Estate Marketing and Online Advertising Consultant
Real Skillz-Clear Marketing for Your Real Estate Vision - Lake Geneva, WI

BB,

It makes sense, everything you say, about getting clients to sign a buyer's brokerage agreement.  No one should have to work for free.

Question I have is, what kind of penalties are normal if a buyer starts working with another agent?How long is the term of the agreement?  Is there a "customary time frame?".  and three, what is the area the buyers are bound to by the agreement, in other words, what if they decide to purchase outside the agent's MLS area where they signed the agreement?

Sorry, that's more than one question.  Inquiring minds want to  know. 

Jun 11, 2008 09:00 AM
Ruthmarie Hicks
Keller Williams NY Realty - 120 Bloomingdale Road #101, White Plains NY 10605 - White Plains, NY

I try to get a bba upfront. But most people around here know what they are and are very, very resistant to them.  When I bring up the issue of commission, they pretty much say up front that if they find a FSBO, I'm SOL and they really could care less!  NYers are a tough bunch. I DO get a BBA for the properties I show them.  I won't show without that. This helps me secure the client in an indirect way. If they go to another agent, that agent is less likely to take them on.  Once they've got about 10 properties on a bba..then it's tougher for another agent to take on the risk that they might buy one of the 10 homes I showed.  Most people who don't have some idea of what they want after 10 homes, aren't buyers anyway. If they have to flutter around to another agent, they are looking for a miracle in terms of pricing.

Jun 11, 2008 09:23 AM
Chris Oliver
Century 21, Preferred Properties - Reynolds Plantation, GA

If you don't get a BBA to begin with it is really, really important to let the buyers know up front that the listing agent doesn't and can't represent them, unless they disclose dual agency. Drum it into their heads that without a representative they have no negotiation power and no one can tell them anything regarding the seller. Listing agents typically do not look up security deeds and let the buyer's know what the seller has invested. Even if they don't sign they have to feel that they need someone to look out for their interests.

Jun 11, 2008 09:43 AM
Nicole Rosen
Nicole - Licensed LO and Host of Weekly Radio Show - Roy, WA

From a loan officer's point of view; I wish we could get something like this signed that at the very least compnesates us for our expenses.  But, doesn't tie to client to one person.  There is two much power given to LOs to determine someone's interests rate and simply make more money.  But, for the tire kickers I would like to get reimbursed for what I spend out of pocket which will help keep my overhead down

Jun 11, 2008 10:17 AM
Cindy Lin
Staged4more School of Home Staging - South San Francisco, CA
Host, The Home Staging Show podcast

This is off topics but you and lovely wife have the cutest avatars!

Jun 11, 2008 11:10 AM
Anonymous
Dawn Welch

Great post! I never work without a Buyer Broker Agreement.  My time is too valuable.

Jun 11, 2008 07:17 PM
#42
Rob Arnold
Sand Dollar Realty Group, Inc. - Altamonte Springs, FL
Metro Orlando Full Service - Investor Friendly & F

Excellent excellent excellent post.  I am going to send this off to all my Realtors to read this.  Great job.

Jun 12, 2008 12:49 PM
Bryant Tutas
Tutas Towne Realty, Inc and Garden Views Realty, LLC - Winter Garden, FL
Selling Florida one home at a time

Rebecca, Sorry it took me so long to get back here. I usually make my BBA good for 30 days and I make it very specific to the type of property and area that we have discussed. I don't think I would go after a buyer if they broke the terms of our agreement as it really is just more of a "good faith" agreement. The bottom line is that we still must have a solid working relationship, built on trust, with the buyer. Don't look at is as something to "lock" the buyer in as much as it is something to solidify the relationship and as a blueprint for the transaction. Does that make sense? 

Jun 16, 2008 11:16 AM
Rebecca Levinson, Real Estate Marketing and Online Advertising Consultant
Real Skillz-Clear Marketing for Your Real Estate Vision - Lake Geneva, WI

BB,

That makes sense completely and 30 days is more than generous on your side.  Especially if you think about a relocating buyer.  I had a friend who was looking at upscale condos, but couldn't decide on the town she wanted to live in. 

she was working about 6 agents at the same time and she said it was because their MLS didn't extend that far, so what was she supposed tp dp/

 

Anyway, it's good to re-educate buyers- commitment is a two way street.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Jun 16, 2008 03:54 PM
Patty Carroll
Vancouver, WA

This one caught our eye as we are going to start using the BBA. The way that you explain it to the client makes sense to us. Thanks!

Jun 17, 2008 01:54 AM
Tatyana Sturm
Exit Realty DTC - Aurora, CO
Denver Realtor, GRI, Denver/ Aurora CO Relocation

It is important, then you have someone who is a little more serious as a buyer and it also makes you look more professional.   Besides the buyer needs to have respect for our position as agents and our responsibilities.

Jun 23, 2008 03:28 PM
Tammy Vertrees
Murrieta, CA
Real Estate Consultant

Hello Broker Bryant, any advice on how to handle this one?

Check this out....  I HAD a new buyer prospect this week.  I explained my 100% commitment on both sides.  He seemed very happy and couldn't wait to use my services.  He even called me yesterday for local lenders so he could get started on approval.  I emailed him the BBA (he lives in San Diego area), and assumed he understood how I worked and would have no problem signing since he wanted to USE my services.  Here is the email I received back from him:

 

"Sorry, Im NOT signing the "legal-mumbo-jumbo" Buyer Representation Agreement. (my personal vendetta against lawyers) But let me say this about that, stay true to your commitment of the "what I will do for you" list, and I assure you that you (Tammy) will be my buyers agent on any property that I buy, and you will eventually sell me a home."

  

I responded: 

 

If you expect 100% commitment from me, then I in turn would expect the same from you.  Does this mean you will not sign the purchase contract, disclosures, etc also?  They are also legal documents.

 

The most successful and busy agents have this contract in place before working with a buyer.  Without it in place, the agent violates his/her fiduciary responsibility to the seller and the buyer is mislead into believing that their "buyers" agent works for them.  This is for YOUR protection and I don't work without one.

 

The sellers are protected by signing a listing agreement contract.  Why not get protection as a buyer?

 

He responded:

 

"I haven't seen the "Purchase Contract" nor "Disclosures" that you are referring to, and therefore can't honestly answer that question. But I have seen the Exclusive Buyer Representation Agreement, and NO Im not signing it. As I've said before, I already have (10) available listings that I'am motivated enough about to soon make the trek to your neighborhood from San Diego, and I really don't want to negotiate with a half-a-dozen listing agents on these properties, thats why I selected You to be my buyers agent. But before I make the trek, I want to have my lenders approval in hand because I intend to buy one of these properties, and you will have your 100% commitment from me without the need of a contract. "  (Guess I should just take his word for it).

 

I haven't responded to his lender request and feel that he has already wasted my time.  I'm not going to work for free.  I'm saying to myself "NEXT"!  What would you do? (Besides refer him to someone that doesn't use the agreement).

Aug 02, 2009 01:46 PM
Bryant Tutas
Tutas Towne Realty, Inc and Garden Views Realty, LLC - Winter Garden, FL
Selling Florida one home at a time

Tammy, If he's someone you want to work with then you need to find out what his objection to the agreement is. He has already said he wanted to work with you so using you as his agent is not the issue. What else is in the agreement that he's balking at? Is it the compensation clasuse?

Your response to him was confrontational and not educational. We win business by educating people. It's ALWAYS about the presentation.

 

Aug 02, 2009 11:49 PM
Linda Lohman
Fonville Morisey Realty - Cary, NC
Former Teacher/Broker

Just the facts.  Its so simple when we are upfront with folks.  All they want tis the whole picture, to be taken seriously.  We are professionals and need to act like ones.

Sep 27, 2009 12:44 PM