Special offer

Dear FSBO: What's wrong with your "co-broke" plan

By
Real Estate Broker/Owner with Riverbend Realty, Cape Girardeau, MO 2004008944

You believe that half a commission is enough compensation when an agent sells your unlisted house. I Doubtful womanunderstand that, but here's what is wrong with your reasoning:

If I write a contract on your house, after obtaining a limited showing agreement from you, I am the only agent involved in the transaction. You probably believe that you can handle the seller side. Unless you are a lawyer, that is simply not going to be the case.

  1. You will be relying on my forms for all seller activity, which I will fill out and explain to you as well as the buyer. The contract is only the first of the various forms that will pass back and forth between you and the buyer. I will be delivering all of the forms to you and the buyer, whether they are buyer or seller forms.
  2. My E&O insurance will be covering both sides of the transaction. If I am the only agent involved, I will be held responsible for the entire transaction.
  3. Responsibility for compliance with state laws and regulations will be monitored by my broker and me--for both sides of the transaction. You may think you are doing your part, but I actually cannot allow you to everything on the seller side. My insurer and the state board will hold me responsible.
  4. If a Lead Based Paint disclosure is required, I will provide the form and see that it is properly filled out by you, one of many listing agent responsibilities that you do not even know about; but I will see that it is done.
  5. I will be coordinating access to your property for all inspections, the appraiser, and Clipboardinsurance agent for the buyer. Though these are usually buyer's agent responsibilities, all will be more difficult when there is no lockbox on the property. I will coordinate directly with you and explain all of these processes which would normally be done by the listing agent.
  6. When the reports mentioned in #5 come in, it will be up to me to deliver them to you, explain them to you, and then I will put on my buyer agent hat and negotiate with you.
  7. If you want my advice on how to respond to any of the issues that arise during the period from negotiation of an offer to finalization of the contract to closing of the escrow, you will not get it. You will, however, put me in a difficult situation at every juncture of the deal, because you will want to discuss the specifics. And if you don't want to discuss specifics, I will be even more concerned.
  8. I will coordinate both sides of the actual closing. Moneybag
  9. I will answer questions about the HUD1 settlement statement for you and for the buyer.
  10. I will attend both sides of the closing.

I know you believe that I only deserve half a commission, because I am doing "half" of the work, but that simply is not the case!

Posted by

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If you are looking for a foreclosure in Cape Girardeau, Perry, N. Scott, or Bollinger counties, I am the region's most experienced REO agent. As the area's ONLY Fannie Mae direct listing agent, I list more foreclosure properties than any other agent in this MLS. I am among the few local agents approved to both list and sell HUD properties. Give me a call if you are looking for help with the purchase of a foreclosure property.

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http://www.homepath.com/  for Fannie Mae properties

http://www.homesteps.com/  for Freddie Mac properties

http://www.hudhomestore.com/ for HUD properties (foreclosures that were FHA financed)

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1~Judi Barrett
Integrity Real Estate Services 116 SE AVE N, Idabel, OK 74745 - Idabel, OK
BS Ed, Integrity Real Estate Services -IDABEL OK

Liz,

Been there and done it.. Seller gets free services.

I'm glad that my buyer was a really good client.

Aug 30, 2010 02:54 PM
Don Sabinske
Don Sabinske, Sabinske & Associates Inc. - Zimmerman, MN
Sabinske & Associates Inc.

Oh, the joys of a FSBO.  I have had many a legal assistant and legal secretary tell me that they can "handle" the sale of a home.  Very few lawyers, however.  The lawyers know law....their expertise in the law, and that might not include real estate law.  However, while not holding myself out as an expert in real estate law, I am pretty good at what I do....negotiating and handling the specifics of a transaction. 

Well-written and we hope, the public understands our limited role in representation if they chose to "go it on their own". 

Aug 30, 2010 02:59 PM
Liz Lockhart
Riverbend Realty, Cape Girardeau, MO - Cape Girardeau, MO
GRI, Cape Girardeau Real Estate

Judi: We probably would all do it for our buyers, or for some of our buyers, anyway. This blog entry was inspired by a FSBO hawker who dropped off her home brochures at our office this morning.  She even explained to the floor agent that she really welcomes any agent who can bring her a buyer and will cooperate fully.

Aug 30, 2010 03:09 PM
Liz Lockhart
Riverbend Realty, Cape Girardeau, MO - Cape Girardeau, MO
GRI, Cape Girardeau Real Estate

Don: I am not a lawyer, but I have tangled with a lawyer who was trying to argue a real estate point with me. He was certain that his client had a verbal contract when what she had was an offer and fledgling negotiation. The client had made a full price offer and assumed that meant she had a contract. "Your specialty is not real estate law, is it?" I asked him incredulously. When he admitted that it was not, I explained the process and asked him to call me back after he had done some research on my points. He did not call back.

The house in question had multiple offers and ended up selling for above list price.

Aug 30, 2010 03:18 PM
Anonymous
Jacky R

I agree it's tough to cobroke as a FSBO, have definitely tried the route of just posting on zillow "will work with buyers' agents." Friend told me that I had to list it in MLS and OLR for NYC. Found a way though without paying 6% to a normal listing agent. Check out www.hauseit.com - several hundred bucks for same thing. Never again!

Oct 04, 2015 05:13 AM
#5
Liz Lockhart
Riverbend Realty, Cape Girardeau, MO - Cape Girardeau, MO
GRI, Cape Girardeau Real Estate

Jacky R~I thought about just deleting your comment, as it is a pretty transparent spam/ad for a FSBO site. You obviously missed the primary point of my blog: MARKETING A HOME IS ONLY A SMALL PART OF THE TRANSACTION. Even for the marketing part, though, the a la carte approach of this FSBO site includes: $399, $399, $299, $299, $39, $299--all of those would be included in the ordinary listing services...and not just for a limited three month exposure. Anything beyond a three month marketing of the home is NOT COVERED in the initial services of this site. You will, like all other FSBOs, be relying on the expertise (and kindness and honesty) of a buyer's agent to finish the deal...AND YOU WILL BE UNREPRESENTED IN THE REST OF THE PROCESS, all because you decided at the get-go that you could do it yourself. None of these sites could exist if they didn't all make that basic, erroneous assumption.

Oct 04, 2015 05:39 AM