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Letting the Buyer Act As His/Her Own Representative And Get All or Part of the Selling Commission

By
Real Estate Agent with CENTURY 21 Bill Nye Realty, Inc.

A while back in the Q & A section of AR a consumer wondered why he could not act as his own buyers agent and get whatever the listing agent was offering to cooperating brokers taken off the price of the home. There were many replies. The questioner himself added a comment later in the answers that said that it should be a piece of cake since the listing agent would write up the contract and other tasks.

First, in most areas (certainly in most of Florida) the seller is paying the commission, so having a buyers agent on your side is going to cost you nothing out-of-pocket. Also, since the listing agreement is between the sellers and the broker/agent, the buyer is not a party to that contract and has no legal claim on the commission. Unless, of course, they are a licensed real estate agent.

If you are going to be your own agent, and the listing agent and sellers agree to this arrangement, then accept all of the responsibilities that this role requires. Do not expect the listing agent to do your work and then let you get the pay. If I were the listing agent, I would have you sign a No Brokerage Relationship form. That means that my only responsibilities to you are: 1. Dealing honestly and fairly, 2. Disclosing all known facts that materially affect the value of the residential property and are not readily observable to the buyer and 3. Accounting for all funds entrusted to the licensee.

For the sellers, I would be working as a Single Agent, which is a fiduciary role. Along with the 3 duties mentioned in the last paragraph, my obligations for the seller would be loyalty; confidentiality; obedience; using skill, care, and diligence; and presenting all offers. In other words I will be on the sellers' side 100% and you will be on your own. So do not expect me to write up the offer. That is the job of the buyers agent. If there are terms that you mistakenly put in the purchase agreement that benefit my seller, it is not my job to correct them for you. For example, if you mark that the seller will choose the title agent, but then mark that the buyer will pay for the title policy, why would I tell my seller to change it? Your error just saved him a few thousand dollars! Maybe more than that commission that you are trying to get for yourself. And that is just one minor error. There are many others that you could make.

Do not expect me to run to the zoning office for you to gather information pertinent to the sale. That is the buyers agent's job. It is also that agent's job to coordinate inspections, surveys, appraisals, getting deed restrictions, and much more. Are you going to be able to handle all of that?

If you let it slip that you will increase your offer by $10,000 at some future point in negotiations, I do not have to keep that a secret from the seller. A buyers agent would have to, but remember, you are acting as the buyers agent and I am completely on the side of the seller and must keep his best interests foremost.

Do you have the education, skills, and experience to handle all of that? If not, then please do not try to make a grab for a commission that licensed agents work hard to earn. You will likely be taking a big chance concerning a very important investment just to save some money that will matter very little in the long run.

Posted by

John Elwell - REALTOR

CENTURY 21

Bill Nye Realty, Inc.

813-783-4444

Licensed in Florida

 

Comments(7)

Jason Keeling
Ryson Real Estate - Galveston, TX
great blog... many consumers do not realize how hard our job is... and how much liability we face... could you imagine an untrained person acting as a REALTOR. In fact, a majority of FSBOS lose money they otherwise would have made by using a REALTOR... that is a fact. So by cutting out the REALTOR you may be costing yourself alot of money!
Jan 30, 2008 01:53 PM
John Elwell
CENTURY 21 Bill Nye Realty, Inc. - Zephyrhills, FL
You Deserve a Full-Time Agent, Not Reduced Results
Jason You are quite right. Personally, I never play with the commission that the seller and I have agreed to. I am full-time and full-service and am worth every penny. Customers often forget that we often spend days taking people around who never can decide which house to buy. For that we get no pay. Just three weeks ago I had a very nice couple, really. But they had me write 4 different offers and then the day after submitting each they had second thoughts and had me withdraw them. Twice we even had verbal agreement on terms. 4 days of hard work and I made $0. Now they are e-mailing me about making offers on homes they have not even seen yet. l like them very much, but ...... Oh well. When I was a teacher all the parents thought that was a piece of cake. When they had to help out on a field trip or party, to a person they said they did not see how I could do it for the low salary.
Jan 30, 2008 02:01 PM
Susan Haughton
Long and Foster REALTORS (703) 470-4545 - Alexandria, VA
Susan & Mindy Team...Honesty. Integrity. Results.
Excellent post.  Until someone has actually worked in this business, I don't think they begin to have a clue as to what it entails and how hard we work to be experts at what we do. 
Jan 30, 2008 02:33 PM
Ryan Hukill - Edmond
405home @ ERA Courtyard - Edmond, OK
Realtor, Team Lead
Great post.  The arrogance out there is amazing!  It's an entitlement type attitude that I'm beginning to see in some of these types of consumers.  They EXPECT, and feel entitled to have, us do all the work and give them some of our earned income.  I've actually had this type of offer made on a few occassions and have quite simply told them they're welcome to represent themselves if they'd like, but the comission agreement is between myself and the seller, and they have no right to any of that information.  Why in the world would I write the offer for ANY BUYER and then pay their agent?!  It'll never happen, whether they're represented or not.  If I do all the work on both sides, I WILL be keeping all the commission from both sides of the transaction. 
Jan 30, 2008 02:44 PM
John Elwell
CENTURY 21 Bill Nye Realty, Inc. - Zephyrhills, FL
You Deserve a Full-Time Agent, Not Reduced Results
I quite agree. Sadly, I have seen some out of area agents take listings far from their homes as well. Then they expect me to present the offers, pick-up their lockboxes and signs, etc. I am happy to share the commission with a buyers agent if they do their jobs. But I am sorry, untrained and unlicensed consumers are doing themselves not great favor by thinking they can do the job themselves. If they want to try, go for it. But do not expect me to pick up the pieces and work for nothing. Perfect example is a wonderful couple I have been working with. I finally have sold their home. But when they bought it through a "for sale by owner" deal, they only received a quit claim deed, no title insurance, and were not told the home was in a designated flood zone. Luckily, no title issues came up, but you can be sure the buyer will get a title policy, warranty deed, and has been told that the home is in a flood zone. That is my job as a professional and I expect that there will be compensation for my diligence, training, skill and concern for my customers.
Jan 30, 2008 03:14 PM
James Downing - Metro DC Houses Team REALTORS®, CRS, GRI, ABR,MRP, MilRes
Real Living | At Home - Washington, DC
When Looking to Buy or Sell - Make the Right Move

It makes no sense for a Buyer to not have an agent.  They are getting part of the commission.  As a Listing Agent (at least in the 3 states I work in) it is against the law for my broker or myself to pay an unlicensed person a commission or referral fee.

If they want some of the commission - go get your licence!

Feb 01, 2008 02:43 AM
Anonymous
John Elwell
James the same applies here, except if the payment is to one of the parties to the purchase agreement. So (and I am no attorney here) I suppose the buyer could receive it. What is more likely to happen is for them to want that amount paid by the seller towards the buyer's closing costs, etc. Unless the buyer is a retired real estate professional, there is no way that I can see that he or she can do the job of a buyers agent the way a licensee can. But as I said, if they want to try, they can go for it, but they will need to keep in mind that I will be working as a single-agent for the seller and the buyer is completely on their own except for the basic requirements that law makes upon me. They cannot have it both ways. Thanks for your comments.
Feb 01, 2008 08:22 AM
#7