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Buyers Beware! Protect Yourself from Desperate Buyer's Agents.

By
Real Estate Agent with Atlanta Communities Real Estate Brokerage GREC #208281

Does your buyer's agent seem to be pushing you towards one house vs. another one for no appearant reason?  Like the saying goes, follow the money.

There was a featured post this morning that disturbed me.  It suggested that sellers should increase the buyer's agent commission on their homes in order to take advantage of the fact that buyer's agents are really getting financially desperate.  Over 80% didn't have a closing last month.  So if you wave a bigger commission in front of them, they are more likely to promote your home vs. another similar home that has a smaller commission.

Many agents will say that a buyer has no right to affect what the seller pays in commission.  That's true, but since the commission paid to the buyer's agent seems to affect the transaction, it seems that it is only right to have that amount be known by all parties involved.

As a buyer, I would want to know if my agent is pushing me towards a house because more commission is being offered.  It's called transparency

As a buyer, you might want to address this in your Buyer's Agency Agreement that you sign.  As a buyer, I would write a special stipulation stating that my agent gets whatever the listing agent is offering up to a maximum of 3%.  Anything over this or any extra agent incentives are to be credited to the buyer.

If you don't already know, most buyer agency agreements have a place to write in a specific commission amount in the case where there is no seller commission being offered.  It  states that if seller doesn't offer a commission, the buyer is responsible for coming up wth the stated commission.  Make sure you know what you are signing.

 Here's what the Georgia contract states:

Broker shall seek to be paid a commission from the listing broker under a cooperative brokerage arrangement or from a prospective seller if there is no listing broker. In the event the prospective seller or listing broker does not pay Broker a commission, then Buyer shall pay Broker at time of closing the following commission:

Agents are human and humans, by nature, usually look out for what's best for them.   So, be aware that some agents will avoid showing listings that offer less than some amount such as 3%.  Be upfront with your agent about this possibility. 

It's best to know what is motivating all the players in the game.   Confront these things early on in order to avoid hard feelings later.

Posted by

 

 

About the Author:  Tim Maitski has been a full time Realtor since 1999. He has sold several hundreds of homes in areas around metro Atlanta.  Tim started with RE/MAX Greater Atlanta and is now with Atlanta Communities Real Estate Brokerage.

 

Along with blogging on ActiveRain, he provides one of the best real estate websites in Atlanta at www.HomeAtlanta.com .

 

His proprietary  "Maitski Line Reports" chart out the absorption rates over the past 14 years in 37 different market areas.  Know when it's a good time to buy or a good time to sell.    

 

His online Property Tax Calculator allows you to compare property taxes in many counties and cities around the Atlanta area.  He provides the Atlanta MLS Power Search Tool that allows searches of homes using over 35 specific criteria.

 

Over the years, Tim has optimized his business so that he now can offer a huge 50% commission rebate to his buyers.  The more experience one gets, the easier the job becomes.

 

Tim also has a "Five Days to Sold" System that uses an intensive marketing blitz to create a showing frenzy that creates urgency and offers.

 

Tim is always looking to LinkIn with anyone who is interested in building their social network.

 

View Tim Maitski ●Atlanta Realtor●'s profile on LinkedIn

Renée Donohue~Home Photography
Savvy Home Pix - Allegan, MI
Western Michigan Real Estate Photographer

See here is one good compelling reason to sign that BBA!

Nov 23, 2008 11:36 PM
Laurie Mindnich
Centennial, CO

It's pretty sad, in this environment of people losing their homes and dealing with limited (if any) equity that any part of the real estate community is offering up a suggestion to sellers to pay MORE- what would concern me about this suggestion, as a seller, is that these are likely the same agents that I'd assume (right or wrong) that assisted me in entering the "mess" to begin with. While I agree that it would appeal to some buyers agents, the whole notion (as a consumer) would further deteriorate any respect that I might have had for the industry as a whole.

Nov 23, 2008 11:41 PM
Miriam Bernstei
Rochester, NY

i agree with you as well tim, I found that post disturbing as well.  So unethical, so anti the consumer, awful, really.

Nov 24, 2008 12:44 AM
Jeff Belonger
Social Media - Infinity Home Mortgage Company, Inc - Cherry Hill, NJ
The FHA Expert - FHA Loans - FHA mortgages - USDA loans - VA Loans

Tim... I didn't read that post as of yet. But I can see your point and why it would be disturbing. And on top of that, are you the borrower, now looking over your shoulder to see if you are getting upfront/honest service?  Being pushed in a direction, just because I, the realtor or loan officer, is going to make more??

I currently have a buyer in CT that is using a realtor that seems to have all the wrong reasons to help them find a house. Not only did he recommend them to his preferred loan officer... which I don't have a problem with... but this loan officer is a ...  trying to think of a polite word.. lol  But the LO and the realtor keep pushing the loan officer's brothers house, trying to get them to buy it. It gets better...

They have been looking at foreclosures and foreclosures only, but want to settle before 2009. Another way to possibly get the buyers depressed, to eventually buy the LO's brothers house....  but wait, it gets better even more so.

These buyers finally chose me over not only the realtors loan officer, but another local loan officer who they have been talking to for a few weeks. At first, they wanted me to recommend them to someone local, because the husband wanted to not deal with someone out-of-state... in any case, once the realtor found out that they chose me, he informed them that bank owned properties will not allow out-of-state lenders to help the buyer in their financing... LOL  and it gets better....

They were originally approved for a FHA 203-k loan up to $125,000.  I was able to approve them for the same. But I got creative.. The 203-k rates are higher, by about 3/4% to 1% in rate. I said, let me approve you for a regular FHA loan also.... I was able to approve them up to $156,000. But going over $148,000 is to high for them because of payment. But he says that they don't qualify for that high of a price. Obviously the loan officer didn't communicate this to the realtor.

Hey Tim.... sorry for the pyscho babble....  but it kind of goes back to your post of topic. Who is really looking out for who... and shouldn't the buyer be informed of everything?  As you mentioned, transparency... bingo. Now I guess I will go write a blog about this.. lol  I did write a blog on transparency a while back, saying that it's an abused word or misused, etc, etc. 

PS.... I hope this gets mentioned...I flagged this, because I think more buyers need to be aware of this. it will tonight in the mortgage week in review.

jeff belonger

Nov 24, 2008 03:29 AM