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Buyer Broker Agreements Simplified

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

Florida Real Estate Broker 407-873-2747OK this is a follow up to my post yesterday. I received this email:

You are right Bryant, I should not work with 2 realtors at the same time and got a bit excited after reading your blog. It occured to me you are more than an average realtor (broker/listed agent) and may get few properties ahead of everyone else and sometimes yet to be listed in MLS. There are few foreclosure specialists in Chicago area that work on fee based service.

Please don't think otherwise but appreciate if you can clarify the following:   If you are like anyone else, what advantage does a buyer have in hiring you to acquire an REO? What is this retainer for? I can see some buyer advantage in short sales but for REOs I don't see any. Am I missing anything?? END 

MY RESPONSE

Hi there,   OK so I like the part about getting excited after reading my blog :)   A Buyer's Broker Agreement (BBA) creates a bilateral agreement between you and I. It obligates you to work exclusively with me in areas we define. For example, if you had a BBA with the agent in Celebration you would not have contacted me and we would not have had this issue come up. It would have helped to solidify a loyal and professional relationship. It lays out the framework for the entire relationship. It obligates the Broker to do his job.

Also, as we had discussed on the phone, it gives the broker a monetary incentive to work harder. Foreclosures are very inexpensive (in my area) and can also be much more frustrating as it may take offers on numerous properties in order to get one accepted. Good properties sell quickly and usually with multiple offers. Finding the right property takes time.    

REALTORS(R) are usually paid by co-brokes (commissions) offered by the Seller's agent or Builder to bring a Buyer. These commission usually range form 1% to 5% of the purchase price with 3% being an average. This can create a conflict of interest. Suppose there are 5 properties that are perfect for what you are looking for. All offering different co-brokes within this range. Wouldn't I rather sell you the one where I make 5% as opposed to the one where I make 1%? Of course I would. It's human nature.

The BBA elimnates this conflict by setting a minimum AND a maximum fee upfront. In my case it's $2,500 or 3% whichever is greater.**** Anything above these amounts would be rebated or credited to you at time of closing.   In the price range you are looking at, $65,000, the co-broke could range from $650 (1%) to $3,250 (5%) but would probably be $1,950 (3%). If it were 1% you would have to contribute $1,850 to my compensation. If it were $3,250 you would actually receive a rebate of $375 (half of $750).

More than likely you will have to contribute $500 to $750 to a deal. Don't you think we could save at least that amount by being more aggressive with finding you a property? Of course we could.  This is why what is an advantage to me (guaranteed minimum pay) is actually more of an advantage to you. Make sense?  

The retainer I charge, of $1,000, is nothing more than a fee to make sure I am only working with serious buyers. I get upward of 20 buyer enquiries a day and I am not able to work with them all so I have to pick and choose. I do this by asking for a retainer and requesting a signed BBA. The retainer is applied towards any commission differences. For example, if you bought a property where you needed to contribute $750 towards my compensation you would actually get $250 back because you had already paid me $1,000. The retainer is included in the $2,500 or 3%. It's just paid in advance. If you break our BBA it is mine to keep.

The advantage of working with me is that I am very good at what I do which is evident by all that you have read and learned from me in the last couple of days of communicating. Of course the choice of whether or not to hire me is solely yours. I only have a couple of more Buyer openings left for this month but will be happy to place you on my waiting list if now is not a good time for you.

Investing in foreclosures is certainly the way to go right now. I hope we can come to an agreement to work together to get you some deals.   As always, let me know if you have questions.  

****Commissions are ALWAYS negotiable. This post is NOT about commissions it is about BBAs. So get off my a** Sherman!!!  

Here's a sample BBA. 

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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(55)

Eunice Waller
Berkshire Hathaway HomeServices Simpson Realtors - Locust Grove, VA
Working Together, We Can Do Great Things

Oops, I wasn't logged in... Great Post BB, You said it all!

Jan 15, 2009 09:54 PM
Konnie Mac McCarthy
MacNificent Properties, LLC - Cobb Island, MD
Broker/Owner - VA & MD "Time To Get A Move On!"

Not to mention, customers and clients rely on our honesty, and loyalty to look out for their best interests...why should we not expect the same..

Jan 15, 2009 10:53 PM
Josh Holt
RE/MAX Coast To Coast~ Dedicated to You! - Berwick, ME
Southern Maine and NH Real Estate - Your Source of Info on the Berwicks

Very well laid out. Should save that and email it as a template if you had the need... Thanks.

Jan 16, 2009 12:20 AM
Anonymous
rrsafety

Well done BB, a very good post and one which makes a great deal of sense. As one who is not particularly fond of real estate agents, I think your thought process on this is both fair and reasonably priced. If I were looking for a foreclosure, short sale, REO, I would definitely want someone like you to help out.

However, and as I've mentioned in previous posts, it is the 5-6% commission on $300,000 cookie cutter houses that drives me crazy. I'd have to pay about $21,000 to sell my home in Mass. and the value of service I would get from an RE agent wouldn't come close to that number.

So it seems that on lower priced properties the min-max fee approach makes sense to me and is fair, but the loss of $21,000 of cash to sell a basic house remains a ripoff. Love your site!

Jan 16, 2009 12:23 AM
#39
Dan Magstadt
Paramount Residential Mortgage Group, Inc - Lake City, FL

Wow Bryant - I've never heard of a buyers agent charging an upfront fee, especially in this market!! With 20 inquiries a day you must be doing something right!

Jan 16, 2009 12:30 AM
Kelsey Barklow
Hurd Realty - Johnson City, TN
423/948-9154

You go, Broker Bryant. I am very impressed with your business. I am curious to know how many buyer prospects pay you your retainer.

Jan 16, 2009 12:39 AM
Teri Eckholm
Boardman Realty - White Bear Lake, MN
REALTOR Serving Mpls/St Paul North & East Metro

Bryant--So do you collect that retainer upfront? If you do, I am impressed. So many agents cant even get the agency agreement signed much less collect a retainer. Very professional...Of course I expected no less from you! :)

Jan 16, 2009 02:52 AM
Wendy Rulnick
Rulnick Realty, Inc. - Destin, FL
"It's Wendy... It's Sold!"

Bryant - Bravo.  Intelligent way to conduct business.

Jan 16, 2009 04:28 AM
Bryant Tutas
Tutas Towne Realty, Inc and Garden Views Realty, LLC - Winter Garden, FL
Selling Florida one home at a time

Well hey everyone. I guess I abandoned this post. It's been very hectic in my neck of the woods!!!

Working with buyers is something I haven't done in quite a few years.  However the market has changed so I must change as well.

I have used the BBA for years. When I first got into real estate 14 years ago most of my business was dealing with international buyers and taking a retainer up front was my normal way of doing business. I have just now started implementing it again so we'll have to see how it goes.

As with anything I do it is not written in stone. I do have the advantage of having way more business than I know what to do with so if I lose a few buyers over it it's not a big deal.

I work hard for folks and just want to make sure I am compensated accordingly. My market is very low priced and I have to be creative in order to make a living.  

I also recently started charging an upfront fee with short sale listings. It started out slowly and I lost listings over it but now I get them with no problem at all. Things take time to germinate. 

It's all about the presentation and mine is damn good if I must to say so :)

Jan 16, 2009 06:33 AM
Richard Goates
Apex California Realty - Redding, CA
Broker 01251781

Straight out straight ahead and to the point...brilliant !

 

Rick

Jan 16, 2009 07:19 AM
Stephen Kappre
KW Hometown - Mantua, NJ
Helping You Home

Very informative for me . . . and well written out. Thanks for sharing.

Jan 16, 2009 08:15 AM
Brian Schulman
Coldwell Banker Residential Brokerage, Lancaster PA - Lancaster, PA
Lancaster County PA RealEstate Expert 717-951-5552

The fact that you refund to the buyer any commission over the maximum percentage, ought to compensate much of the resistance over the retainer fee - would you agree?

Jan 16, 2009 08:38 AM
Erika Rogers
Red Rock Real Estate ~ Southern Utah's Largest Independent Brokerage - Saint George, UT
St George Utah Real Estate & Relocation Specialist

Love this post, very helpful.  I appreciate how matter of fact and straight to to the point you are.

Jan 16, 2009 10:55 AM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M

Very well-written.  I love the explanation of how it benefits all parties, and also explains so clearly why they will be at an advantage if they're lucky enough to work with you.

Jan 16, 2009 03:40 PM
Sharon Alters
Coldwell Banker Vanguard Realty - 904-673-2308 - Fleming Island, FL
Realtor - Homes for Sale Fleming Island FL

Bryant, this is a great use of a BBA. I took the ABR course a few years ago from Dick Fryer at ORRA but never finished it. It is so different here in FL with transaction brokerage, but I can definitely see the wisdom in this, especially since you are getting so many buyer calls! Congrats to you in your paradigm shift and success!

Jan 16, 2009 04:00 PM
William J. Archambault, Jr.
The Real Estate Investment Institute - Houston, TX

Bryant,

"The BBA elimnates this conflict by setting a minimum AND a maximum fee upfront. In my case it's $2,500 or 3% whichever is greater.**** Anything above these amounts would be rebated or credited to you at time of closing.   In the price range you are looking at, $65,000, the co-broke could range from $650 (1%) to $3,250 (5%) but would probably be $1,950 (3%). If it were 1% you would have to contribute $1,850 to my compensation. If it were $3,250 you would actually receive a rebate of $375 (half of $750)."

I don't agree, but it's an exclent start and allot better than most!

Keep up the good work, and please report on Billy.

Bill

Jan 17, 2009 09:26 AM
Liz Moras Migic
Chilliwack, BC
Chilliwack, British Columbia - Realtor

Always DID love the philsbury doug boy! :-).........Diddly Squat - blacksheep brother of Duddley Do Right I guess?

Jan 17, 2009 09:45 AM
Catherine C Capasso
Catherine Cornelia Real Estate - Eastchester, NY
Cottage or Castle, What's Your Dream!

Reading this post couldn't have come at a better time. I am working on my marketing plan to attract more buyers. I will only work with a buyer that has signed an Exclusive Right to Represent Agreement with me. I can address their objections successfully. Getting a retainer fee is something that I want to incorporate into my business and your post gives me clear examples to use. Now to attract the number of buyers you are attracting! Any tips?

Jan 19, 2009 01:05 AM
Susan Milner
Florida Future Realty, Inc. - Cape Coral, FL
Cape Coral Real Estate Broker, FloridaFutureAgents

Great post Bryant. I see many are amazed that you have so many buyer prospects but we are seeing the same thing here. I mean who knew you could buy a newer, never lived in CBS home in Cape Coral for $75K or LESS? Seriously, we have so many buyers looking for good deals. It is tough to keep up with them all and they of course talk with others as well since most of my buyers are NOT local. They are inquiring from up north or out of the county.

Good work!

Jan 24, 2009 12:34 PM
Robin Rogers
Robin Rogers, Silverbridge Realty, San Antonio, Texas - San Antonio, TX
CRS, TRC, MRP - Real Estate Investment Adviser

I like this concept, Bryant. I think I might incorporate some of this for my investor clients.

Thanks! I always learn from you.

Robin

Sep 26, 2009 10:21 AM