This is sure to spark some debate.

I am in the camp that believes that broker's fees and/or commissions are paid "from the proceeds of the transaction."

On the one hand, the Seller often contracts with a Listing Brokerage to pay a specific commission. Often, that commission includes a co-op fee for a Buyer's Agent.

At Settlement, the Seller is often charged those fees.  But in most cases, it was the Buyer who paid the Seller an agreeable price allowing the Seller to cover those fees. So, it could be said that it is the Buyer who gives the Seller the money to pay those fees.

Then again, consider the Seller who has enough cash or possibly equity, that they pay those fees without using the Buyer's money.

And, for example, there may be a For Sale By Owner who is unwilling to pay any fees to any agent. The Buyer may then pay those fees themselves.

Who do you believe ultimately pays the fees? How does it work in your state? As a Buyer's Agent, do your clients ever pay you directly? If so, what happens to the co-op fee being offered by the Seller?

When representing a Buyer on a For Sale By Owner purchase, do you discount the market analysis to show the Buyer what the market value of the home should be without real estate fees?

Would you consider market value to be a discount of the total amount of fees from both sides of the transaction, or just the amount that your client would be responsible to you for?

Since this is an active network, I thought I would throw this one out there to see the different responses.

 

4 Comments on WHO pays the commissions (and other fees)?

APR
02
2007
406,006 Points 179 Featured Posts Localism Sponsor Outside Blog
For properties listed in the MLS, the Seller and Listing Agent together determine what commision is to be negotiated and paid, for both the Listing and Selling sides of the transaction. One could argue that ultimately, the Buyer pays this commission by virtue of bringing in the money necessary to close the transaction. But the reality remains, the Seller agrees to pay the commission from net proceeds. In a FSBO transaction where the FSBO has agreed to pay a Buyer's Agency commission, the commission is typically negotiated into the contract by the Buyer's agent. In some instances where the FSBO Sellers don't want to pay a commission, the Buyer's agent can negotiate a commission to be paid from his Buyers at closing.
2:47pm • #1
1 Featured Post Localism Sponsor Outside Blog Hit Router

From a Listing Agents point of view: Buyers pay for everything, even when they get concessions for closing help from the Seller at settlement, they still have to finance the credit they got from the Seller.  I don't like to tell my sellers that they are paying for anything, because it makes them not want to pay it, no matter what it is! I call it a "credit at closing". This way I find it more palatable to a Seller. 

3:03pm • #2
122,838 Points 16 Featured Posts Outside Blog

I agree it is the Sellers that pay the commissions.  They agreed to pay X amount to market the house and X amount to offer to Buyer's Agents to get the home sold.  It comes out of the sellers proceeds.  Think about it this way.  The home is worth X amount no matter what the net bottom line is to the seller.  The buyer will pay X amount, no matter what the net bottom line is to the seller.  If the buyers were paying the commission, it would be $X for the house PLUS X% for commission to the buyers agent.

I know it can be argued both ways, but it's not marketed both ways.  Homes are marketed for sale at $X and from the proceeds commissions are paid (or not in the case of FSBO's). 

4:15pm • #3
APR
03
2007
8 Featured Posts

Benjamin,

I tell all of my buyer clients that when they purchase a listed home, they are paying for representation.  It is up to them as to whether or not they get it.  Buyer's need to be empowered to understand that they actually can control their own destiny when it comes to representation!

12:02am • #4

Leave a response…



(optional)
What does the graphic say?
 
089 Rainmaker_large

Benjamin Clark - Exclusive BUYER'S AGENT - Certified Negotiation Expert - SLC, UT

Salt Lake City, UT

More about me…

Homebuyer Representation, Inc.

Address: PO Box 701481, SLC, UT, 84170-1481

Office Phone: (801) 969-8989

Cell Phone: (801) 969-8989

Email Me

Insights and information from Salt Lake City's only Exclusive Buyer Brokerage (Exclusive Buyers Agents work for BUYERS ONLY!)

Find out why you should always make sure you get an Agent on YOUR side of the transaction when buying a home!

Finally!

Real Estate Agents on the Buyer's Sideā„¢

website counter

Salt Lake City Real Estate - Trulia
Subscribe to Buying a Home near Salt Lake City, Utah? CLICK HERE! - Exclusive Buyers Agent Blog by Email



Links

Archives

RSS 2.0 Feed for this blog

Find UT real estate agents and Salt Lake City real estate on ActiveRain.