Rebates

By
Real Estate Broker/Owner with Maine Realty LLC

 

A trend that was made popular on the west coast is the issuing of rebates to buyers after a closing, this is also known as fee splitting.  Many of the agencies who issue such rebates often give a percent of the purchase price back to the buyer if the buyer chooses that particular firm to be the selling agent.  This percent is normally 1% of the purchase price. 

This rebate is often viewed favorably from the buyers and selling agents alike.  The rebate is a tool the selling agent can use to show the buyer the value of choosing them.  The buyer gets the added benefit of getting a rebate at their closing.

 If you are not familiar with these rebate programs, you should do some research online, and check with your local real estate commission.  41 states (including Maine) allow such rebate programs in some way.  Each state has the ability to place specific restrictions and guidelines to any fee splitting program.

These rebate programs should not be confused with "Kickbacks".  These rebate programs are legitimate practices which owners and designed brokers can use in their businesses.  When these programs are used within the guidelines of the law they can be great tools to promote competition, especially in a market where real estate sales have slowed or are softening.

 

 

 

 

Paul Diou

Comments (10)

Eric Bouler
Gardner Realtors, Licensed in La. - New Orleans, LA
Listening to your Needs
Are you serious about liking rebates for buyers. it is illegal here but my average commission for the buyers side is 2.3% as it now stands. The real estate company get their cut and you have expenses and tax rates for self employed that reach almost 50%. It may be popular but is not welcome.
Oct 15, 2006 04:03 PM
Paul Diou
Maine Realty LLC - Portland, ME
Broker & Owner Maine Realty LLC

These rebate (fee splitting) programs are not illegal in Maine.  They are a great resource for potential buyers.

 You might be mixing up "Kick backs" with these rebates.  Kick backs are obviously illegal.  Fee splitting, at closing and disclosed to all parties is not a kick back and is allowed in the state of Maine according to the Maine Real Estate Commission.

Oct 15, 2006 04:18 PM
Paul Diou
Maine Realty LLC - Portland, ME
Broker & Owner Maine Realty LLC

Eric: thanks for your reply to my post.

 I know that you practice in Louisiana, which is one of the 12 states that do not allow these rebate programs.  The list of states that do not allow rebate programs was 13 but Kentucky has recently had a tentative agreement between their real estate commission and the US Department of Justice to allow such programs.

I would look up some information on these programs, and contact the Louisiana real estate commission to see why they limit these programs in your area.

 In Maine, these are LEGAL and a great resource to buyers.

 

PD

Oct 15, 2006 04:30 PM
Derek and Mariana Wagner
The Artisan Group- Keller Williams Premier Realty - Colorado Springs, CO
The Artisan Group - Colorado Springs REALTORS®

First, thanks for your post...

"issuing of rebates to buyers after a closing" Pretty sure I would run these "rebate" programs through a real estate attorney that is versed in RESPA before attempting it... I have been round and round with RESPA/ HUD regarding this. It is a shady area of grey... not interested.

Oh, and I believe that my services are well worth my WHOLE commission. I don't believe it breeds competition... It breeds contempt.

I wrote about this very thing right HERE.

Oct 15, 2006 04:39 PM
Paul Diou
Maine Realty LLC - Portland, ME
Broker & Owner Maine Realty LLC
Derek and Mariana, thanks for you reply to my post.I read your post on the rebate issue and I understand why you feel you deserve to keep 100% of your commission.  That is your right, and you should be able to do so.  My personal philosophy is different; I'd rather give a rebate back to my customers when it is allowed by law and when it’s appropriate for the situation.

Your business is in CO, and I am not as familiar with the local market there.  In Maine, these rebate programs can be a great tool to add value for potential buyers and certainly help with competition.  I see no "contempt" as you claim or confliction.  But I value your opnion and appreciate your point of view.

Again, thanks for your reply to my post--this rebate topic is always a sure winner to strike up some conversations and P.O.V's.Also, check out what Realtor. com has to say about these programs athttp://www.realtor.org/rmomag.NSF/pages/lawjan06?OpenDocument 
Oct 15, 2006 05:01 PM
Rich Jacobson
Fathom Realty West Sound - Poulsbo, WA
Your Kitsap County WA Real Estate Broker

The tool that I use to show my Buyer's how much I value and appreciate the fact that they chose me as their agent is to do an outstanding job from start to finish, to represent their interests to the fullest extent possible, to warrant their trust and support without reservation, so that when everything is said and done, they will recommend my services to others. My clients recognize the value of my services. They understand that there is a cost associated with the premium services that I provide. I don't feel it's necessary to give away money in order to get someone's business. But that's just my humble opinion.

Rich Jacobson, www.KitsapLife.com

Oct 15, 2006 05:08 PM
Paul Diou
Maine Realty LLC - Portland, ME
Broker & Owner Maine Realty LLC
Rich, Thank you very much for you reply to my post.

I agree that the prominent tool that we should use is our ability to represent and fully support our customers.  These rebate programs are just an addition to our excellent customer focus. 

For the average agent/broker these rebates do not represent any loss of income.  The deduction is normally taken in the owner/ operator (at least in my history).  IE: the average agent/broker sees 30%-50% of their commission go to the agency owner-- with these rebate programs that 35%-40% goes directly back to the buyer-- the agent doesn’t loose anything.  Their check is the same; the agency owner receives less per transaction with the thinking that the rebate program will bring in more business, but more importantly as a thank you to the client.  When used properly, these rebate programs do not take any money out of the pockets of any agent/broker.  It is a philosophy the owner of the agency embraces to consciously reduce the amount of money in their coffers and increase the amount of funds given back to their most valued asset—their clients. Again, thanks for you reply to my post

 

Oct 15, 2006 05:20 PM
Brian Brady
San Diego VA Home Loans/858-777-9751 - San Diego, CA
858-777-9751

Hey Paul,

I think you should be able to set your price for your services  any way you deem as a good business practice.  Rebating is just another form of commission negotiation.

If it works, and it's legal (as it well should be in every state), and you can run a profitable business doing it...PROMOTE IT! 

Oct 15, 2006 06:32 PM
Paul Diou
Maine Realty LLC - Portland, ME
Broker & Owner Maine Realty LLC

Brian:

Thank you for replying to my post.  I agree with you 100%

 

Pd.

Oct 15, 2006 08:57 PM
Anonymous
Ed Morzak
was checking on line for other rebate related info and saw this.  Good info, agree with you 100%.  Here in Dallas - FW area there are about a dozen rebate oriented realties.  I thnk one is realtorrebate.com ??  Overall, it works with some clients and generates calls, but none of them is a major player in the market.
Apr 23, 2007 12:51 PM
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