Special offer

Just a "COMMISSION" away........Has this happened to you ????

By
Real Estate Agent with Aaron Roth Real Estate CA BRE# 01331747

 Well....

We have all heard the expression "Real Estate Agents are always a commission away" from closing a deal...at least I have heard it more often than not. 

It never seems to amaze me more than in this type of market how sellers can take our commission and throw it into the negotiations!  Unethical, Illegal, or whatever....
Call it what you want but I just tend to think it is complete B.S.

Here is a little sample of what has just happened and you make your comments as you see fit...

I have a very affluent buyer looking to purchase a $4,000,000 plus home.  We know exactly the home we are going after and both him and his wife love everything about it.  It sits overlooking Heavenly and the Carson Valleys and is the "its it" of homes in that area.  One of 14 planned homes to be part of the Whitebark planned unit development.  This is the first home to be sold in this area as a "Ski-In Ski-Out" Mountain Lodge...

Okay so now you have a little picture in your mind of this 5000+ sqft home sitting on the mountain side.  Now for the fun part...

I have been working with this couple that have been referred to me out of Southern California, Beverly Hills Area.  They are extremely easy to work with and I feel a great comfort level in providing my top notch service to them.  The Buyers are extremely anxious to make an offer on the home and get their mountain lodge getaway.  After running the numbers, I just didn't feel that comfortable with the asking price..$4,375,000 (plus the seller was offering a 5% to the selling side as a last minute effort to sell the home)  Caught my attention!  Regardless of the commission of course we were still going to pursue making an offer....

Again after running the numbers I felt that the price was just too high and I wanted to do a little more homework and see that we were going to make a fair offer on behalf of the buyers but, of course not overpay for something we are not too sure of the value since there were no comps to compare.  I suggested that we enlist in the services of one the top appraisers in this area to see if she could justify that price in any way shape or form.  Needless to say the appraiser had just as hard of a time justifying the over $4 million dollar home.  There just are not any comps...

The appraiser ended up arriving at about $3.5 million, which is a far cry from what the seller is asking for the home.  We ended up writing the offer at $3.5 million with the appraisal attached...and this was ALL CASH and closing within days...

Seller responds...He is pissed!  He built this home as a spec and feels, of course, that his home is worth every penny of the asking price even though we justified our price by getting an appraisal which even made him more upset!  "How dare you go and get an appraisal!!?", he says.   This seller ends up countering.  We counter back with our own and so on and so on and we did stick to our price....

The seller calls a meeting to introduce himself and provide a counter to my team and try to explain his position.  He kept beating around the bush and telling us how fantastic this home really is.  We really were not arguing this point with him since he did have one fantastic home but, unfortunately we just were not biting on the "THROW IT AGAINST THE WALL AND HOPE IT STICKS PRICING METHOD".  We did some homework.  We asked the seller to justify his price any possible way during that meeting and he repeatedly told us the home is worth every penny and he will not provide any proof of costs of construction, cost of land, detailed materials used or at the very least to get hi OWN Appraisal.  NOTHING!!!

Needless to say the Seller is furious with us at this time and so RED in the face combined with sweat I just laid back and felt comfortable with our position since we justified our position. 

This back and forth game went on for 3 1/2 months and I was shocked!  The seller ultimately came to a price of $3.9 million and my buyer came up out of the kindness of his heart and desire to have that home to $3.7 million. (THAT IS $200K over our justified price)  I asked him to stop there and do not pay a dime over that.  My feeling was that if he did end up paying that much for the home and decided for any reason he wanted to sell, I sure didn't want him and his wife upset with me if I couldn't sell it for what they paid. 

Buyer held strong at $3.7 million

Seller held strong at $3.9 million

 

At these prices the initial 5% commission that was offered to the Selling Agent was taken away immediately (we knew that was coming).  So we are back to 3% each side...

Total Commissions paid would be $222k....wow look at the spread of what the buyer and seller are at...too CLOSE TO THE COMMISSION AMOUNT....
HERE WE GO!!!

Here is where the Seller decided to throw the agents under the bus...
On one of the last counter offers that we battled back and forth with, the Seller came back and said that he would take $3.9 million with a reduction of commissions to $50k of total commissions paid.  I had to laugh.  It really wasn't funny but being delirious you start thinking in strange ways...  Maybe that was my way of coping with the stress of how crazy this seller was thinking...

Now call me a straight forward person but, I called the listing side and told them that counter offer was completely unethical in placing our commissions at the point of negotiations and how can they think of putting that in there no matter what the seller told them to do.  They were so afraid of this seller that they just did anything he said to do...I say B.S.!

I told them to take their offer back and remove that immediately since "COMMISSIONS ARE NOT TO BE PART OF THE NEGOTIATIONS"  After more weeks of battling that issue my Buyer is finally getting to the point of not trusting the seller at all.  I have to say that I can hardly blame him!  I worked so hard to get to this point only to have the seller road block us every turn.  Just when we thought we were close...we weren't!

After many months of trying to put this deal together we are not at a stalemate with a $200k gap between buyer and seller.  I have advised my Buyer to stand strong and let the Seller sit on this for a while and see if he changes his mind.  The seller has to be realistic with the following...

1. MARKET
2. ALL CASH OFFER
3. CLOSING VERY QUICKLY
4. JUSTIFIED OF WITH APPRAISAL AND $200k ABOVE THAT
5. NO ONE IS LINING UP TO MAKE OFFERS ON THIS HOME AT THIS TIME
6. CARRYING COSTS MONTHLY FOR THE SELLER-- I AM SURE THEY ARE ENORMOUS!
7. BE REALISTIC!

these are mentioning a few items that the seller needs to consider at this time!

Now that we have let the offer expire, the seller is coming back with his tail between his legs begging the listing side to call us and see what we want to do.  The carrying costs alone will add up to $200k in a matter of months while he sits and no one else makes an offer. 

He has now indicated that the agents should give ALL their commission up to make the deal work in the interest of the BUYER AND SELLER.  Okay again, "Mr. Seller, did you just ask me to sell your home for FREE?"
SURE ENOUGH!!!  HE IS!!!

WE HOLD THE ACE MR. SELLER!!!  We have a justified offer that you need to accept.  Remember when you signed that listing agreement Mr. Seller, you signed it with the intentions of paying out 6% commission. 
We are not here for your FREE Service....

Ultimately, now on the seller is starting to say things like this....

"I HOPE YOUR BUYER DOESN'T FIND OUT HOW YOU GUYS HELD THIS HOME FROM HIM ON THE ACCOUNT OF YOUR COMMISSIONS...."

WHAT A JERK!!!!!!

COMMENTS-----THOUGHTS-----SUGGESTIONS???????


TAHOETRAVIS

Lanette Branch
Taylor Properties - Bel Air, MD
Bel Air, MD Real Estate Agent

Isn't there a listing agreement signed by the seller and the broker/agent outlining the total commission amount and split? This is a legal and binding contract.  The seller has some big ones to now suggest the brokers/agents handle this transaction pro bono.  Puh-leez!

Apr 27, 2007 05:46 AM
Travis Chatwin
Aaron Roth Real Estate - Solana Beach, CA
Your San Diego Real Estate Resource

Yes this Seller is a real treat!!  And Yes there is a listing contract but you know how it goes...

The seller is determining his counter offer based on the net he walks away with.  Even though commission is not part of the negotiations, it still does play a huge roll in the pricing and net proceeds...

There just isnt a way around that and everyone expects the agents to kick in their commission to make the deal work.  It is horrible!

Thanks for you comment!

Tahoetravis

Apr 27, 2007 05:55 AM
Ray Delao
Home Foundations LLC - Grayslake, IL
I'm a new real estate agent and  I find ActiveRain very helpful. Does this happen alot? How do you stay calm?
Apr 27, 2007 06:19 AM
Ann Cummings
RE/MAX Shoreline - NH and Maine - Portsmouth, NH
Portsmouth NH Real Estate Preferrable Agent

WOW - "what a jerk" sounds about right!!  Sounds like he needs to sit a little longer, while continuing to pay those carrying costs before realizing he's been looking a gift horse in the mouth all this time.  It's too bad his own agents are afraid to really be his agents and tell him the real truth about the market....

I wish you all kinds of good luck on this one.
Ann

Apr 27, 2007 06:22 AM
Ann Cummings
RE/MAX Shoreline - NH and Maine - Portsmouth, NH
Portsmouth NH Real Estate Preferrable Agent

By the way, I forgot to mention how beautiful your pictures are on this post - lovely!

Ann

Apr 27, 2007 06:23 AM
Michael Trinchitella
Putnam, Westchester Real Estate - Mahopac, NY
Putnam Westchester Real Estate
Hold strong, he will be back and will sell it for $3.7 mil, tell him you are going to start looking elsewhere, make him sweat some more.
Apr 27, 2007 06:52 AM
Stephen Gladstone
Stonehollow Fine Home Inspections & Testing - Stamford, CT

 

Many times on a transaction I see the brokers meeting in the middle and shaving the commissions to make the deal fly. They will often say it's the price of doing business, but it really shouldn't be. And when word that this is a fairly typical technique for making a deal fly gets around...you'll be lucky if you make anything.  All those in the not for profit business please sit down...the rest of us...lets get outta here.

Your home inspector in CT, Steve Gladstone, Stonehollow, Home Inspections

see my blogs on active rain and my web at www.stonehollow.com

Apr 27, 2007 07:29 AM
Michelle Ewing
Trademark Realtors - Riverside, CA
Riverside, CA

Wow!!  I'm not sure you will be able to come to an agreement on this one.  It sounds like this seller's ego is way too involved in the process.   When he finally comes to his senses, it will probably be with a different buyer.

 

Apr 27, 2007 07:40 AM
Travis Chatwin
Aaron Roth Real Estate - Solana Beach, CA
Your San Diego Real Estate Resource

Thanks everyone for your repsponses....

When I get more of a clear head on my shoulders about this one, I will write and update on what has just transpired!!!

I will give you a hint...

The SELLER CONTACTED MY BUYER AND BLAMED THE REAL ESTATE AGENTS....

OH MY GOD!!!!

Tahoetravis...  I need to go have a drink now!

Apr 27, 2007 09:36 AM
Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

Best of luck, I really hope the agreement comes together and you end up getting your full commission. Sounds like your buyers may have to wait for the next big home to go on the market, while this guy goes into foreclosure trying to get his asking price.

Apr 27, 2007 05:11 PM
Ray Delao
Home Foundations LLC - Grayslake, IL

SO any more updates on this? I'm been waiting to see how it turns out. This is like a cliffhanger on TV! :)

thanks

Ray DeLao

A Midwest Newbie

Jun 01, 2007 01:14 AM