Special offer

Counter offers - Broker requires counter for Escrow and Title

By
Real Estate Broker/Owner with Mission Grove Realty Inc.

For all of you out there who must counter for services (Escrow and or Title):

What do you tell a seller when having them sign a counter for services only when all else is agreeable?

Have you ever had a buyer walk as a result?

If a buyer walked, how did you explain to the seller?

 An example would be that a counter is made stating, with no other point of contention, that Escrow is to be with XYX Escrow and Title is to be with XYZ title and seller has no true preference in providers and those providers do not offer a more substantial service nor offer it at a lower price or add additional value to anyone other than the Sellers agent or broker.  The counter is made only to satisfy a requirement of the agents broker to do so. All other parts of the offer are acceptable to the seller. This is more common in California than any other states it appears.

Any info would help! Thanks in Advance!

Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

I don't understand the meaning of "counter for service".

Give me a clue.  I understand the seller making counter-offers to a buyer for price, terms and conditions, but I don't know what a buyer would have offered that would be called "service".

Lenn

Dec 23, 2006 08:47 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Or, maybe I just figured it out.  "Escrow and Title". 

Maryland gives the buyer the right to select the lender and title company.  We don't use escrow services.  The listing or selling broker hold escrow money.  I have seen escrow amounts countered and there is one broker in Maryland that wants to hold escrow money.  Fine.  Saves me a trip to the bank. 

I have also had buyer agents want to do settlement at locations totally inconvient to the seller.  But, the seller usually agrees. 

So, sure, I've seen all of these things countered, but it's still up to the buyer, by law.  Now agent Joe, whose wife is a lender and whose brother is a title attorney will try to steer the loan to the wife and the settlement to the brother.  Fine.  They better offer my buyer a fantastic loan rate and title fee.

Lenn

Dec 23, 2006 08:52 AM
Christopher Walker
Mission Grove Realty Inc. - Hemet, CA
Local Broker and Realtor - Hemet & San Jacinto, CA

Lenn:  An example would be that a counter is made stating, with no other point of contention, that Escrow is to be with XYX Escrow and Title is to be with XYZ title and seller has no true preference in providers. The counter is made only to satisfy a requirement of the agents broker to do so. This is more common in California than any other states it appears.

 

Thanks for your question. I hope this makes the question more clear.

Dec 23, 2006 08:55 AM
Randy L. Prothero
eXp Realty - Hollister, MO
Missouri REALTOR, (808) 384-5645

I have seen an offer rejected for that.  The Realtor should be facing a review panel for that.  Putting his interest ahead of the clients.

I also when buying a place in Arizona rejected a counter for less than $150.  I found a better deal during the time they gave me to decide.  The home was on the market for more than a year and they never did sell it.  Shame on them!

Dec 23, 2006 05:05 PM
Rich Kruse
Gryphon USA, Ltd. - Columbus, OH
IS there any reason that this an not (a) be made with the first counter from the seller to the buyer or (b) rejected by the seller as unreasonable and never presented?  If it is only for the bene of the broker is would be the sellers right not to use, right?
Dec 23, 2006 11:49 PM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

I'm not clear on all of what Rich states, but Maryland law gives the buyer the right to select the title company and lender.  That all that's to it.

That said, real estate practice is a rather insestuous business and many listing try to direct loans and settlment to friends, relatives, spouses and their own brokers. 

I wouldn't entertain moving a loan, but I don't really care who does title work as long as the title company is convenient and they are going to give my buyer some incentive for using them.  For instance, give my buyer a free settlement meeting, saving about $550.  That way, my buyer saves money and the title ocmpany gets the title insurance commission.  That's where their money is anyway. 

BUT, everything must be disclosed to everyone.

Lenn 

 

Dec 24, 2006 12:04 AM
Randy L. Prothero
eXp Realty - Hollister, MO
Missouri REALTOR, (808) 384-5645

I can see if you are paying you should be able to choose.

Here in Hawaii the settlement cost, what we call closing costs are split and spelled out in hard copy on the DROA.  The buyer picks the escrow in the offer and they split fees according to the prescribed breakdown.  The seller can counter to choose the escrow agent and office.  We both know that in most cases neither the seller nor the buyer cares.  It is the agent inserting themselves.  The one I find the most vulgar is that the big C/B franchise also owns an escrow and a mortgage company and their agents like to counter to use their company.

Aloha,

Mele Kalikimaka (Merry Christmas in Hawaiian)

Dec 24, 2006 05:33 AM