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The Greedy Bully Agent Rears His Ugly Head

By
Real Estate Agent with Helen Adams Realty 259636

The greedy bully agent rears his ugly head!The greedy Bully Agent Rears his Ugly Head

In the Charlotte real estate market, every now and then you run across another agent who does/says something that just makes you cringe...makes you want to call up the NC Real Estate Commission and file a COMPLAINT!  Thankfully, this situation doesn't occur very often...otherwise I would be pulling my hair out!

The following situation occurred with a wonderful new licensee in my Helen Adams brokerage, a woman who formerly practiced real estate law - she is one sharp cookie, and it is my privilege to serve as her mentor!  She's gotten a few transactions under her belt, and it has been a baptism by fire.  But nothing could have prepared her for this email response she received from a top-producing agent in Charlotte.  He was complaining that her seller was only providing X% amount of commission for the buyer agent:

"When you offer XX% to the buyer’s agent let me know.

You are doing your sellers a major disservice by not being competitive.

Good Luck."

Whoa.....my new protege asked if this type of response is to be expected.  She correctly assumed that buyer agents have a fiduciary duty to their CLIENTS, not THEMSELVES, and that to refuse to show a listing because the buyer agent compensation is not what the agent expects is to do a disservice to his/her client.  She pointed out to the bully buyer agent that she DID in fact counsel her seller about the impact of lowering the commission to the buyer agent, but the seller was adamant.  My young colleague took the listing anyway, but never expected to receive a comment like what you see above.

What do you think?  I know it's tough when the commission is not what you expect.  I've had to stomach that and explain the compensation system to my own buyers.  But after an extensive buyer consultation where my services and compensation are specifically laid on the table, most of my buyers readily agree that I should be compensated for my time, expertise and experience, and they are willing to pay any difference in what is offered and what my firm requires.  I do make exceptions, but that is my choice!  

I'm just wondering how this agents' buyers feel when he refuses to show them a property because the compensation arrangement is not what he desires.  That would be a huge red flag for me - I would seriously wonder where this agent's loyalty rested - with me or with himself!

It's tough enough in the real estate business these days!  Our profession doesn't need a bully agent who refuses to play in the sandbox because the compensation isn't what he desires.  I think if I truly felt that way, I would just keep my opinion to myself instead of writing such an asinine email.

So what do you think?  Did the greedy bully just rear his ugly head?

Charlotte home buyers, if you're looking for a Realtor who puts YOUR best interests first, please call, email or text me.  I'd love to have a chat to discover what you're trying to accomplish - buying or selling real estate in Charlotte NC, I can help!

 

 

Comments(31)

Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

It's really a shame that buyer's agents act this way.  They do realize they can get paid an additonal amount they feel they may be due, say from a Buyer Brokerage Agreement, from their own client. 

Apr 05, 2012 01:12 AM
Melissa Brown
Helen Adams Realty - Charlotte, NC
Realtor - South Charlotte NC Homes for Sale

Chris Ann, hopefully they realize that.  This guy's been around a long time.  I think he thought he could just push around my colleague who is very new in the business.  Seriously unfortunate!

Apr 05, 2012 02:53 AM
Lee & Pamela St. Peter
Berkshire Hathaway HomeServices YSU Realty: (919) 645-2522 - Raleigh, NC
Making Connections to Success in Real Estate

Melissa,  this really does hurt to hear.  It is too bad that there are bad seeds like this in our field.  But isn't your gal lucky to have YOU as her a savvy mentor!  Wish her the best on her listing for me... 


Happy Easter!
Pamela

Apr 05, 2012 04:45 AM
Melissa Brown
Helen Adams Realty - Charlotte, NC
Realtor - South Charlotte NC Homes for Sale

Hi Pam, Happy Easter to you, too!  I love how you do that umbrella icon!  Yes, it's so unfortunate that my colleague had to deal with this.  It really does demean our industry.  She handled it very professionally and matter-of-factly, although I know her blood was boiling!

Apr 05, 2012 04:50 AM
Ruthmarie Hicks
Keller Williams NY Realty - 120 Bloomingdale Road #101, White Plains NY 10605 - White Plains, NY

Should that agent have said what they said.  No, of course not.  But he was being honest and perhaps thats not a bad thing.

I'm going to dissent a bit here and step back and look at it from the buyers agent side.  Full Disclosure: I'm mostly a buyers agent although I do list. But 3/4  of my business is buyers based. There has been a lot of manipulation of commisions on the part of LISTING agents.  When I list its 50:50 right down the line.  I this market, any buyers agent that brings me a buyer is bringing me pure GOLD and I treat them accordingly.   But many people who primarily list have a funny way of treating people who are bringing them GOLD.  

A lot of listing agents are hogging a full % more on the coop and I've found out when on listing appointments with expireds that the sellers were totally unaware of this practice.  (I bring up a low coop when I see one because it can be a reason why the home didn't sell.)  Very often I find that they  thought it was going 50:50 and were shocked that their agent was helping themselves to so much.   If a listing agent can't induce the seller to offer a decent commission, they should take the first hit not hog the lions share.   I'm not one for quoting percentages, but commissions around here are often on third lower than what other parts of the country see. So there is no place for this to go except to create a race to the bottom.

Sure, I have them sign a buyer agency agreement, but most will not agree to pay a higher coop.   Those that do, don't want to foot the bill when a home like this comes along and often try to shake down the buyers agent into giving up what was agreed upon. "You aren't REALLY going to make me pay you? I really can't afford it!" Also, very often the buyer will walk if they realize they have to pay up.   It can be a deal killer which after six months in my car, I have to decide whether half a loaf is better than another six months of gas and time. In this buyers market my job is hard enough without commission issues.  Yet I have to eat and I need to get paid decently.

The issues go on and one.  There are also the relocation companies that are charging 40% of the gross commission for the honor of working with a buyer.  There are also agents that are paying lead generators a huge chunk to get buyers.  Most brokers are helping themselves to 50% PLUS a franchise fee.  The point is that if you see a few checks for about $2500 for $500k+ deal you start pushing back or you go out of business. 

Apr 05, 2012 10:26 AM
Melissa Brown
Helen Adams Realty - Charlotte, NC
Realtor - South Charlotte NC Homes for Sale

Ruthmarie,  thanks for your thoughtful comment.  I agree with a lot of what you said.  However in this situation, my colleague was taking the same commission hit that the buyer agent was.  Without quoting actual commissions, when the seller refused to pay the full fee, my colleague counseled them on the possible repercussions.  When they wouldn't budge, she agreed to the cut, and split the commission 50-50 with the buyer agent.  She didn't want to do this, but she's new, and she wanted a listing, and it was a well-priced home in great condition that would sell for a hefty price.

I know we're getting hit from all sides.  I have recently gotten burned by relocation fees to the point where I don't think I'm going to accept them anymore.

But I think this other agent was being a bully and was possibly putting his interests before his buyers.  it was a rude and condescending email to send, and I don't think it was fair or necessary.  I appreciate your perspective, but whether he was being honest or not, I don't think it sends the right message about our profession. 

 

Apr 05, 2012 12:11 PM
Ruthmarie Hicks
Keller Williams NY Realty - 120 Bloomingdale Road #101, White Plains NY 10605 - White Plains, NY

Hi Melissa,

I agree that it is the wrong message to send... It could be that he was trying to find out if her commission was higher.  I've tried to feel agents out on that point as well since they are often a full percentage point higher than the buyers agent.

The problem is that its a question of where does it stop?  I've stopped with relcoation companies as well.  I have crazy vendors calling me every single day telling me they will "give me leads" for $500 a month. It seems like everyone and their pet canary are trying to get between the agent and the consumer while adding no value to the transaction but helping themselves to a very large slice of the proceeds. Meanwhile consumers are using these clowns and then want to lower what they pay us in addition to using third parties. 

But the big lesson for the new agent is this:  Don't take undercompensated listings!  One thing is certain - a tight-fisted seller is 99% more likely to be difficult throughout the transaction.  I'm struggling and need money desperately.  But I've learned that if a seller (or buyer) is difficult from the get-go - closing them is going to be a time-consuming nightmare best spent on finding other clients who will appreciate my efforts. 

 

Great blog site btw....I've subscribed...

Apr 05, 2012 12:45 PM
Melissa Brown
Helen Adams Realty - Charlotte, NC
Realtor - South Charlotte NC Homes for Sale

Yes, I hear you loud and clear.  As my husband likes to point out, everyone seems to have their hand in my pocket!  For example, I am getting ready to close what may be my last relocation listing.  I am paying out a whopping 35% referral fee to the relo company, and then my split with my company is capped at an amount that is lower than my normal split.  Add to that - the relo company offered the buyer agent a $1,000 bonus.  I've prepared over 20 weekly reports for the relo company - giving advice and pricing recommendations that were not heeded.  So in this instance the listing agent loses and the buyer agent gets way more.  Not really relevant to the conversation here, but just to point out that listing agents aren't always keeping more for themselves!

I have counseled my protegee on taking listings at a reduced fee.  She understands completely, but feels that she has to start somewhere and get some experience.  

And thanks for subscribing - I've been a subscriber of yours for quite some time!

Apr 05, 2012 01:39 PM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Melissa, Yes, the greedy bully agent did rear his ugly head. I personally would not ask my buyer client to pay commissions above and beyond what is offered in the MLS.  It's not about what I get paid it's about serving my clients. It does not serve my client to refuse to show properties that do not pay a certain percentage commission.  If I were the agents buyer I would find myself another agent!


Apr 05, 2012 03:04 PM
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

Melissa, I think the buyer agent was right in a way - it is important to offer a decent coop commission to be competitive.  But I think that putting it in an email is pretty bad form - unless the agent sent him something asking for feedback.  I recently had this conversation with an agent whose coop was totally puny.  She called asking me for feedback and I explained that my buyer said no, and with that puny percentage staring back at me, it was hard ot try to find a way to address her objections to the property in question.  If it had been a fabulous house, well just maybe! 

Apr 14, 2012 02:26 PM
Melissa Brown
Helen Adams Realty - Charlotte, NC
Realtor - South Charlotte NC Homes for Sale

Kathleen, I agree.  I won't ask by buyer to pay the difference, unless it's completely ridiculous.  Most of the time, my client will insist on skipping those low co-op properties because they know I'm worth more!

Hi Pat, it really is a tough issue, and I totally agree that it's important to offer a decent coop to be competitive.  My young colleague understands this, but her seller wouldn't agree.  I guess she could have turned down the listing.  I think this agent who sent the email was really rude and condescending, however.

Apr 14, 2012 11:13 PM
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

Hey Melissa,  I included this post in Last Week's Favorites.  Have a great week.

Apr 15, 2012 05:20 AM
Bill Gillhespy
16 Sunview Blvd - Fort Myers Beach, FL
Fort Myers Beach Realtor, Fort Myers Beach Agent - Homes & Condos

Hi Melissa,  Interesting post and comment thread.  With every transaction being so different it is difficult to apply a flat rate to each and every one of them.  That said, I think, in the end all of it evens out .

Apr 15, 2012 05:34 AM
William Johnson
Retired - La Jolla, CA
Retired

Hi Melissa, I am not weighing on the main question since I never discuss compensation ( mine or others) even in the broadest sense.  But the responses in the comments have been excellent and very entertaining. Great reading and insightful by some.

Apr 15, 2012 11:11 AM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

I read this early this week, but with Pat's mention I came back.  Interesting comment thread.  Had I known this guy cut his commission, I'd have written back and said "what's good for the goose"  . . . ;-)

Apr 15, 2012 01:03 PM
Phil Leng
Retired - Kirkland, WA
Phil Leng - Retired

Hi Melissa,

Your title shows your thoughts on the matter.

I am entirely on the side of the poor hard working agent who sees an agent do something that absolutely ensures that their property will not be shown. He was polite enought to call her out on her ineptness.

This is an entrepreneurial business. We work for commissions, not for love.

Heck, why not put in your listing, "if you sell this house you will have to pay the seller $1000 for the privilege of doing so?"

Phil

Apr 15, 2012 09:29 PM
Kathryn Maguire
GreatNorfolkHomes.com (757) 560-0881 - Chesapeake, VA
Serving Chesapeake, Norfolk, VA Beach

There are two factors at work here:  Saying that you won't show a property because of the commission offered to the buyers's agent is wrong and NOT acting in the client's best interest. Our buyer broker agreement spells this out specifically...if the commission offered is less than "x", then the buyer makes up the difference.  However, if the buyer was aware of the decreased commission and did not agree to make up the difference and,, thus, took the property off the list and the agent communicated that you the listing agent, that is just helpful feedback.  It does  not sound like that was the case here though...it sounds like the agent made the decision not to show the property.

Apr 15, 2012 09:47 PM
Sandy Acevedo
951-290-8588 - Chino Hills, CA
RE/MAX Masters, Inland Empire Homes for Sale

It is usually new agents who take these low commission compensation. They are so thrilled to get a listing, they think everyone will also be as thrilled to work with their client. In time, she will choose sellers who are willing to value their agents.

Apr 16, 2012 05:35 AM
Margaret Mitchell
Coldwell Banker Yorke Realty - York, ME
Seacoast Maine & NH Real Estate

" My new licensee is tempted to report him to the NC real estate commission."  Really?  Well, is that the best way for a new licensee to build relationships with other agents?  And while the comment is obnoxious, I just don't see it as a Rule violation. 

"Did the greedy bully just rear his ugly head?"  Well, I do not have enough information to answer.  Just how low was the commission? 

Badly handled by the buyer agent but it also appears to be over reaction by the new licensee that an obnoxious comment email is bullying and reportable to the state commission. 

Of course, I don't have all the facts but just my two cents worth.

 

Apr 16, 2012 05:38 AM
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Hi Melissa, thanks for the great post, it's never pleasant to deal with a bully, but he may be doing you a favor in that he is informing you of what he and others who did not contact you may be thinking.  Marketers always say that out of 23 unhappy customers, only one will do you the favor of complaining, the rest just wont buy.

You can now go back to the seller and explain that ethical or not, buyers agents may not be giving this home the coverage that it needs with this compensation package.

 

Apr 17, 2012 12:33 AM