That's the question I heard recently from a Tenant after completing the final Walk-through where she received the Keys for her Home that she's now Leasing. Though she understands Commission structure, she was grateful for my assistance with her Home search and facilitating her Lease and wanted to give me a Gift to express her appreciation (by the way, my answer was "You don't owe me anything at all, but I appreciate the gesture.")
I thought about her question again and was reminded of a post that I've been intending to write for quite a while.
In the course of my daily interactions, I've found that many Buyers, Tenants, and others do not understand how Agents are paid and there are many inaccurate beliefs regarding not only how Agents are paid, but what an Agent's Job Description includes. If you're a Buyer, Seller, Tenant, or anyone else who's reading this, understand that I am not assuming that you should automatically know this information. I wasn't always aware of how the process worked.
NEWS FLASH TO BUYERS AND TENANTS: In Real Estate Transactions with Brokers and Agents, the Homeowner/Landlord, NOT YOU, is responsible for paying Commission. If an Agent is assisting you with searching for Property to Purchase or Lease, they will only get paid if you actually Lease or Purchase Property.
- The
Homeowner signs a Listing Agreement with a Broker (i.e.
ABC Realty Group) who's represented by a Real Estate Agent.
In the Listing Agreement, the Homeowner agrees to pay a
certain amount of Commission for the marketing and facilitation of
their Property's Sale or Lease. That Commission is
paid only if
the Home is actually sold or Leased (paid on the day of
Closing).
Yes, the scenario is the same even if the Homeowner is a Bank/Lender who signed a Listing Agreement (meaning that even if a Home is listed as a Foreclosure and the Bank has listed the Home for Sale through a Broker, the Commission structure is the same--even Auction properties listed in the MLS offer the same Commission structure as outlined below).
- Commission
amounts vary. Homeowners and Brokers agree to
various Commission amounts (meaning that one Listing Agreement
might specify 10%, another 8%, another 6%, and so on).
Despite what you might have heard, there IS NOT a
specific Commission amount that's paid in every Real Estate transaction
(if that were the case, it would be illegal and is forbidden by the Sherman Antitrust Act).
- The Listing
Agreement indicates that Commission
will be shared equally with the Broker & Agent who Lists their
Property for Sale or Lease AND
with the Broker & Agent who introduces a Buyer or Tenant who
purchases or Leases the Property (see Example 1). IF the
Listing Agent also introduces the Buyer or Tenant, then the Listing
Agent's Broker receives the full Commission amount since there isn't a
2nd Agent and Broker involved in the transaction (see Example 2).
- Example
1:
Agent Sally Jones lists 123 Main Street for Sale through her Broker, ABC Realty Group. The Homeowner requests to list the Home for $300,000 and agrees to 8% Commission.
Agent Bob Smith with XYZ Realty Group finds 123 Main Street in the MLS (Multiple Listing Service) and shows it to his Buyer, who purchases the Property for $300,000.
In this example, the Homeowner would pay total $24,000 Commission at the time of closing, which is shared equally by ABC Realty Group and XYZ Realty Group (this $24,000 is subtracted from the Homeowner's proceeds from the sale of their Property). See Chart below.
- Example
2:
Agent Sally Jones lists 123 Main Street for Sale through her Broker, ABC Realty Group. The Homeowner requests to list the Home for $300,000 and agrees to 8% Commission.
Agent Sally Jones is working with a Buyer who's searching for Property. She shows them many Homes for Sale, including 123 Main Street, which the Buyer decides to purchase for $300,000.
In this example, the Homeowner would pay total $24,000 Commission at the time of closing to ABC Realty Group (this $24,000 is subtracted from the Homeowner's proceeds from the sale of their Property). See Chart below.
- AGENTS
ARE NOT PAID THE ENTIRE COMMISSION AMOUNT!!!
The full Commission Amount is paid to the Agent's Broker and that amount is shared by the Broker and the Agent. After receiving a Real Estate License through the Licensing Authority for their State, Real Estate Agents then choose and "sign up with" a Broker (i.e. EWM Realtors, Coldwell Banker, Prudential, Keller Williams, etc.). The vast majority of Real Estate Agents have agreed to receive a certain percentage/split of the Commission amount from their Broker (Commission split amounts vary).
Using Example #1 above, let's say that Sally Jones receives 70% of the Commission from her transactions and her Broker, ABC Realty Group, receives 30% of the Commission (this would be what's considered a 70/30 split). Let's say that Bob Smith has also agreed to a 70/30 split with his Broker, XYZ Realty Group.
In this example, Sally Jones and Bob Smith would each receive 70% of $12,000, which equals $8,400 each. See Chart below.
Using Example #2 above, if Sally Jones has agreed to a 70/30 split with her Broker, she would receive 70% of $24,000, which equals $16,800. See Chart below.
- The
majority of Real Estate Agents are considered
Independent Contractors and are paid by Commission
only (no
paycheck unless they Sell or Lease Property).
- So, as a Buyer or Tenant, you do not control the Commission structure since the Homeowner has already signed a Listing Agreement with their Broker specifying the amount of Commission that they will pay if the Property is sold or leased. If you're a Buyer or Tenant who's currently being assisted by a Real Estate Agent, it is of no benefit or financial savings to you to contact a Home's Listing Agent directly (if you choose to do so, it only means that the Listing Agent will now be facilitating your portion of the transaction as well and will receive both sides of the Commission from the Transaction, while your former Agent who has worked hard on your behalf will now receive no pay at all).
FACTS: Real Estate is a Business. Real Estate Agents incur MANY Business Expenses. We receive a 1099 stating our earnings at the end of the year, NOT a W2, which means that Taxes ARE NOT deducted from my Checks throughout the year, SO I must set aside a sufficient portion of my earnings in order to pay good ole' Uncle Sam. What all of this means is that Commission paid to Agents gets taken away in many pieces to pay Business Expenses and Taxes. Oh, and let's not forget those pesky little living expenses like Food, Mortgage, Home Insurance, Property Tax, Automobile Expenses and Maintenance, Home Maintenance, Household Utilities, Travel, Incidentals, and the list goes on...
Let's review a few examples of Real Estate Agent Business Expenses (I'm using mine as an example):
- Taxes. Self Employment Tax is payable to the IRS at a rate of 15.30% of Income earned
- Annual Business Tax from Broward County (formerly known as an Occupational License)
- Annual Dues payable to the National Association of Realtors and my local Association of Realtors, The Realtor Association of Greater Ft. Lauderdale
- Annual Dues payable to The Institute for Luxury Home Marketing (optional, but one whose membership I maintain as it enhances the set of services that I offer to Luxury Home Buyers and Sellers)
- Monthly Administrative Fees payable to my Broker
- Fees payable for State required Continuing Education Classes
- Fees payable for OPTIONAL Classes that I take to enhance my Real Estate knowledge and Business
- Annual Fees payable for Electronic Access for Lockboxes
- Lockboxes for Homes that I list for Sale
- Copies of
Keys for Homes that I list for Sale
- Signs for Homes that I list for Sale
- Internet Advertising for Homes that I list for Sale
- Printed advertising material for Homes that I list for Sale ("Just Listed" Cards, Newspaper Ads, Magazine Ads, Printed Brochures and Flyers)
- Monthly payment for my website hosting
- Payment for
my website Domain Names
- Monthly payment for the Property Search feature that I provide for Buyers and Renters through my Website
- Monthly payment for Listing Enhancement Services (VisualTour.com and Enhanced Realtor.com)
- Home Photography and Videography
- Payment for Single Property websites for my listings (Website example: Las Olas River House Condo)
- Postage for Marketing material mailed for Homes that I list for Sale
- Open House Expenses (Printed Invitations mailed to the Neighborhood and others, Printed Flyers, Refreshments, Open House Signs, etc.)
- Print and Internet Advertising to promote my business
- Membership dues to local Chamber of Commerce and other Organizations to provide Business opportunities and visibility
- Office Equipment (Laptop, Camera, Air Card, GPS, Cell Phone, etc.)
- Necessary
Computer Software
- Office Supplies
- Cell Phone Bill (Numerous phone calls are placed to conduct Real Estate business)
- Air Card
Bill (I have an Air Card so
that I'm able to access the Internet in areas without Internet Access
such as Open Houses or when meeting with Buyers or Sellers in Homes
without WIFI).
- Greeting Cards for various Client events (Birthdays, Holidays, etc.)
- Dinners and
Lunches for Buyers and Sellers
- Closing
Gifts (when I sell a
Homeowner's Property or sell a Home to a Buyer, I purchase and present
a Gift to the Seller or Buyer)
- Gas Expenses for showing property to Buyers and for other Real Estate related appointments
- Time spent conducting Real Estate related activities (time is valuable and it is an expense). View a partial list of these activities below:
- Showing Property to Buyers
- Showing my
Listings to Buyers and Agents
- Extensively researching available properties that fit interested Buyers' search criteria (MANY Hours are spent conducting thorough property searches)
- Advising Buyers regarding the Home Purchase Process
- Advising Sellers regarding the Home Selling Process
- Assisting
Buyers and Sellers with Relocation Services into the area or outside of
the area
- Meeting with Sellers to List their Homes and maintain their Listing
- Preparing
and facilitating Marketing Plans for Homes that I list for Sale
- Holding Open Houses for my Listings
- Preparing,
placing, and facilitating Property Offers and Contracts
- Preparing Contracts and numerous other R.E. related documents
- Preparing
Comparative Market Analyses for Buyers and Sellers
- Creating, printing, and maintaining print Advertising material
- Creating and maintaining Internet Advertising material
- Placing Lockboxes
- Attending Classes
- Responding to e-mail inquiries from Buyers and Sellers who contact me
- Contacting
Agents, former Clients, and other Business acquaintances by phone and
e-mail regarding Real Estate business
- Creating and maintaining website and blog material
- Placing numerous Phone calls to obtain showing instructions for listings for Buyers
- Accepting
Phone calls from Agents regarding showing instructions for my listings
- Preparing material to be mailed
- Researching Tax Records and other detailed property information
- Researching and disseminating current Real Estate Market data
- Researching and disseminating information about new Construction and future Developments
- Visiting
Open Houses, Sales Offices for new Developments, and new Construction
to familiarize myself with local Inventory
- Researching
current market activity in the communities where I have listings and
recommending price reductions to Homeowners
- Preparing Presentation material for Buyers and Sellers
- Arranging Home Inspection, Appraisal, and Title Search for Buyers and Sellers
- Attending
Closings and Final Walk-Through Appointments with Buyers and Sellers
- Obtaining
Insurance Quotes for Home Buyers
- Meeting with Appraisers, Home Inspectors, and Home Service Vendors (i.e. Cleaning Companies, Architects, Electricians, Plumbers, etc.)
- Meeting with and obtaining information from Condo and Homeowner's Associations
- Researching and obtaining in-depth knowledge about various Communities and types of Property
I took lots of time thoroughly creating and preparing this information for your review and hope that after reading it, you will clearly understand the process. If you have questions regarding it, feel free to call or e-mail me.
-------------------------
Vickie
Arcuri, Realtor®
EWM Realtors
1700 E. Las Olas Blvd., Suite 103
Ft. Lauderdale, FL 33301
Cell: (954) 708-9309
vickie@vickierealestate.com
Fort Lauderdale
Waterfront Homes
Listings of Interest:
Palm Beach Waterfront Condo for Sale with a Dock
San Juan del Sur Oceanfront Home for Sale
Las Olas River House Condo for Sale
Rio Vista Home for Sale
Ft. Lauderdale Waterfront Coop for Sale with a Dock
Palm Beach Waterfront Condo for Rent (Seasonal/Vacation Rental)
Tamarac Townhouse for Sale
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