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Buyer Agency - too vague? unclear?

By
Real Estate Agent with Keller Williams Realty

Today's topic is sometimes a sticky one - sometimes misunderstood - sometimes abused - but most of the time, it works out wonderfully for all parties involved.

Today I came across some information that really surprised me.  I received a referral from another real estate agent this past winter and worked withJ0414039 this particular client for 2 1/2 months to help them find their dream home under a buyer agency representation agreement.  During that time, we wrote one contract that didn't go through due to the presence of a better offer.  In my estimation, we looked at somewhere between 50 and 60 homes together.  That's A LOT!!!  At the end of those months together, they seemed exhausted and frustrated and decided to take a break - they told me they were renewing their lease for another 6 months and would resume their search thereafter. They thanked me for my diligence, my patience with their schedule and my hard work to date, promising to get in touch when it was time to resume the search.

I found out today that 11 days after they told me this, they SETTLED on another property in a neighborhood we'd been looking in.  When I contacted them today to ask them what happened, they were surprised to hear that I felt that compensation was due, not to mention that the buyer agency agreement that they signed said it was due.  Imagine - they felt that they found the property and consummated the deal without my assistance so therefore I was not due any compensation.  What about the 2 months that we worked together?  2 or sometimes 3 days/week - 5 and 6 houses at a time?  Missing family events, running out on short notice, quickly previewing new listings and actively chasing down possibilities that weren't even on the market in their "dream" neighborhood?  Hmmmmmm

Obviously feelings are involved, at least on my part - I worked hard, put their needs first, helped educate them, both on the housing market and on lending options, helped them explore different neighborhoods, communities, home styles, etc...  my feelings are hurt that all of this effort was not rewarded with compensation.  Their feeling is that it's the nature of the business and I should just deal with it and move on.

Signing a buyer agency agreement is putting in place a contract hiring a qualified, competent real estate agent to work for you.  That agent is putting in the time with an agreement that at the end, compensation will be earned.  What other business can you think of where someone works for free on the hopes that it all works out?  This is very much of a relationship built on trust.  The beauty of buyer agency is that the SELLER PAYS THE COMMISSION!!!   This is the way I put food on my table for my family - it's not something I do recreationally for the pleasure of serving others.  Don't get me wrong, for the most part I enjoy each and every one of my clients and we have built long lasting, solid relationships because it's a mutually J0406569rewarding and respectful relationship.  But it's how I earn a living. 

I'd love to work with you - but please respect me and my time.  I will give tirelessly in the pursuit of the perfect place for you to purchase - but I look for mutual commitment.  Like I said in the beginning of this post, 99% of the time, buyer agency is a beautiful thing!

Happy Thursday

Jennifer

Comments(7)

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Joan Snodgrass
Midamerica Referral Network - Kimberling City, MO

Jennifer:

What a bummer!  What I don't understand tho is if you had a buyers agency contract in force, why you are not pursuing  enforcement of your contract.  Did they go thru another agent or a FSBO? 

Jul 19, 2007 09:34 AM
Jennifer Klaussen
Keller Williams Realty - Arlington, VA
GRI, Realtor, Arlington Virginia Real Estate
FSBO - and it's up to the broker since the agreement is between the broker and buyer...  :(
Jul 19, 2007 09:37 AM
Eric Kodner
Wayzata Lakes Realty: Eric Kodner Sells Twin Cities Homes - Minnetonka, MN
Wayzata Lakes Realty: Twin Cities, Madeline Island
Teaching buyer clients about the value of mutual and reciprocal loyalty can be tough, but it pays off in most cases.  I like the way you put it in your last paragraph.."mutual commitment" is a great way to describe it!
Jul 19, 2007 09:42 AM
Joe Adams
Major Mortgage USA/Branch Manager - Montrose, CO
Some buyers I just want to strangle, of course they owe you but try and collect.   Wouldnt you love to turn the tables one time and spin their wheels
Jul 19, 2007 09:49 AM
Keller Williams Great Falls, Mclean
Keller Williams, Serving Mclean, Arlington & Reston areas - McLean, VA
Wow Jennifer that totally stinks!
Jul 19, 2007 12:36 PM
FRANK LL0SA Esq.- Northern Virginia Broker .:. FranklyRealty.com
Northern Virginia Homes - FRANKLY REAL ESTATE Inc - Arlington, VA

I'd have sued. Actually I have... and I was successful.

Frank - Broker Virginia FranklyRealty.com

Jul 31, 2007 11:25 AM
Jennifer Klaussen
Keller Williams Realty - Arlington, VA
GRI, Realtor, Arlington Virginia Real Estate
Yes - abused about sums it up.  I would LOVE to sue, but not being the principle broker, I am not a party to the agency agreement.  and yes, Trena, they didn't want to spend the money to fight for it - I guess I can see their position, but UGH - the abuse is maddening!
Jul 31, 2007 03:13 PM