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Buyer Broker Agreements. Don't Leave Home Without Them!!

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

Happy Tutas Towne Realty CustomerHi folks, today I want to write about BBAs (Buyer Broker Agreements) and why they have never been more important than they are right now. 

I expect I'll get all the usual responses about "My clients would NEVER buy a house behind my back" and "The commission doesn't matter to me". If you believe these things to be true this post may not be for you OR maybe it's EXACTLY for you! 

This post gives one reason why a BBA should be important to the Buyer. In fact, it's my opinion, that a BBA is MORE important to the Buyer than it is to the REALTOR® and here‘s why. 

I spoke with a Buyer, earlier this week, who has cash and is ready to buy. It seems he has been trying to find an agent to assist him but everyone is too busy. Of course, after reading how slow the market is, he finds this hard to believe. So being the good little Broker that I am I explained it to him. 

His problem is....he is looking to purchase a deal, a foreclosure, a cheap rental property. And he should. There are some good properties that he can purchase for less than $50,000. As an Investor, these properties are the ones he SHOULD be buying. The only issue is the prices are so low, that the co-brokes (commissions being offered to sell the property) aren't worth the time involved in helping him find the right property. So he gets placed on the back burner. We may help him.....but only when we get some extra time. 

In fact, I have the same problem. He wanted me to go look at a property before he made an offer and I said I would......tomorrow. Today I was busy doing other things......that have a higher return. 

The reality is I can't afford to spend hours previewing cheap foreclosures that he may or may not be able to or want to purchase. 

This is where the BBA comes in. If an Investor is truly wanting to get a deal, in the very low price ranges, then it is to his advantage to give his Broker/agent an incentive to put in the time. Maybe he'll have to chip in $1,000 or so to meet the minimum compensation outlined in the agreement but surely, by agreeing to this, he'll get better service and therefore a better deal on a property. 

I have always been a firm believer in getting the commission out of the equation right up front. The best way to do this is to get a BBA signed. Unless of course you like working for peanuts. I don't. And won't. My Buyers deserve better than that. Do yours?

Learn more about how to work with Buyer Broker Agreements

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***I am NOT an Attorney nor do I play one on TV. Click the button below for my Bio.

The BIO for Bryant Tutas

 

 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(54)

Pamela Seley
West Coast Realty Division - Murrieta, CA
Residential Real Estate Agent serving SW RivCo CA

Bryant, thanks for sharing the link to all your blog posts.  I look forward to reading them.  We don't use BBA too much in my area -- I wish more agents would, then it would become customary practice.  I've been burned so many times by buyers that I've become skeptical. 

Sep 28, 2010 05:45 PM
Sherilyn M. Whistler
ERA Herman Group Real Estate-NoCo - Loveland, CO
Need a Referral, Call Me !

I agree that you need to help your clients also understand loyalty works both ways. If you are investing time, money and probably lunches, and they are sincere - then they should have no probem signing a BBA. 

Sep 28, 2010 06:21 PM
David James
ReMax Real Estate Services Columbia South Carolina - Columbia, SC
The state requires them in South Carolina.
Sep 28, 2010 10:53 PM
Kathryn Maguire
GreatNorfolkHomes.com (757) 560-0881 - Chesapeake, VA
Serving Chesapeake, Norfolk, VA Beach

Absolutely!  With the Buyer Broker Agreement, we become a fiduciary agent for they buyer, meaning we have to put their interests first (even above our own).  Of course we will be compensated for it but it does benefit the client.  Well stated!

Sep 28, 2010 11:23 PM
Curt Hess
ExecuHome Realty - Annapolis, MD
Luxury Home Consultant, Team Leader & CEO

While I agree with the post, and get a BBA most of the time, I ask myself "Will I *ever* sue someone to enforce the agreement?" I doubt it.

When I owned my own small business, I got entangled in a couple of lawsuits, both as plaintiff and as defendant. Be prepared to spend $10000-$20000 to win, and that's based on 10 years ago. Add a few hundred hours of collecting data for endless rounds of discovery and interrogatories, and you can see that lawsuits are not good business. Except for lawyers.

That said, a BBA will help remind the Buyer that we are business professionals and that we expect our clients to behave accordingly.

Sep 29, 2010 12:15 AM
Claudette Millette
The Buyers' Counsel - Ashland, MA
Buyer, Broker - Metrowest Mass

Someone who says, "my client would never buy a house behind my back" and has no buyer agency agreement signed really does not have a client. This person can walk into an open house and put down an offer on something at any time.

Is the Buyer Broker Agreement iron-clad? Maybe not.  But it reminds all parties that they need to go through you on every property. Otherwise, you are working for free.

 

Sep 29, 2010 12:30 AM
Coral Gundlach
Compass - Arlington, VA
Real Lives. Not Just Real Estate.

People who think they are too good for BBA are fooling themselves.  I agree, they are more important than ever now and are a great platform from which to discuss agency and what your fiduciary duties to them are.   it also shows you are a true professional who is going to get paid for their work.

Sep 29, 2010 12:43 AM
Missy Caulk
Missy Caulk TEAM - Ann Arbor, MI
Savvy Realtor - Ann Arbor Real Estate

It would be good to learn the easy way but Just Doing It. But, many folks don't and learn the hard way.

Sep 29, 2010 01:13 AM
Charita Cadenhead
eXp Realty - Birmingham, AL
Serving Jefferson and Shelby Counties (Alabama)

Bryant fortunately I'm not amongst the agents that like to work for peanuts.  I hear they don't accept peanuts as tender these days.  There is no sense in monkeying around and wasting time.  I definitely agree that it's best to go ahead and put the cards on the table upfront.

Sep 29, 2010 01:34 AM
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Bryant, I totally agree. Don't leave home without one. Serious buyers will see the benefits and will sign one.

Sep 29, 2010 01:46 AM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

BB, that's a great reason.  I recently have been working with someone in a lower range & the LA's are just paying a flat fee just to make it worth someone's while to show it.  Buyers just don't understand that sometimes it's not worth starting the car to drive over to the home let alone PREVIEW.  No way.

Sep 29, 2010 01:57 AM
Stella Barbour
NoVa Brokers LLC - Vienna, VA
Principal Broker, Serving Virginia and Maryland

I always get a BBA.  I have never had a problem.  It is important to have the buyer sign so they feel the commitment with you as their agent. 

Sep 29, 2010 02:09 AM
Anna "Banana" Kruchten
HomeSmart Real Estate - Phoenix, AZ
602-380-4886

Absulutley be using the buyer broker with every client.  Get the game plan rolled out up front as you say. I like the idea of investors of cheap houses putting in some cash to make it worth the agents while.  That's a smart move for an investor. A win-win.

Sep 29, 2010 02:56 AM
Ricky Callahan
Cutler Real Estate - Columbus, OH
Providing clients with "The Simple Way Home".

Buyer brokers are a must, we need to have some kind of commitment on both sides so that we are not working for nothing.

Sep 29, 2010 03:39 AM
Rob Arnold
Sand Dollar Realty Group, Inc. - Altamonte Springs, FL
Metro Orlando Full Service - Investor Friendly & F

I'm on our local Grievance Committee in Orlando. The #1 thing we look for in a commission arbitration dispute between buyer agents is a buyer broker agreement.  Probably 90% of the time there isn't one.  Then it's just a matter of he said, she said, and ironing out the facts.  If you have a BBA the NAR rules give you major protections on your commission as well as ethically.

Sep 29, 2010 10:35 AM
Judy Cicalese
William Raveis Real Estate - New Canaan, CT
Market Knowledge-Social Media Savvy 203-638-7812

In CT - it's the law if we show another agencies listings.  Our buyers expect to sign one(even if it's just for the houses you show them that day) - makes life a little easier for us. 

Sep 30, 2010 02:37 AM
John Cannata
214-728-0449 http://TexasLoanGuy.com - Frisco, TX
Texas Home Mortgage - Purchase or Refinance

Im still surprised that some Realtors do not use these forms. If you are putting in the time, you should be sure to cover yourself.

Sep 30, 2010 07:07 AM
Margaret Rome Baltimore 410-530-2400
HomeRome Realty 410-530-2400 - Pikesville, MD
Sell Your Home With Margaret Rome

Another feature worthy post using good old common sense.

  BBA really stands for  Broker Bryant Agreement.

Margaret

Oct 01, 2010 01:49 AM
Jay Lloyd
Cape Coral Florida - Cape Coral, FL
Allpro Home Inspection

Hi Bryant's! A BBA is a must. I hat to see a Realtor work so hard showing property, negotiating etc. for nothing. jjay

Oct 01, 2010 11:48 AM
Kim Boekholder Utah Real Estate/ PECO
Results Real Estate 801.580.5624 - Draper, UT
Broker Results Real Estate/Leasing Specialist PECO

Bryant~ I carry that paperwork with me everywhere.  I learned really quick really early on to always have it with me and to get it signed early.  I had a couple buy a home from a fellow church member one sunday.  I had shown them homes the week before , they said they were going out of town (changed their plans) I called on monday and they had already written a contract.   ouch

Oct 04, 2010 06:14 PM