"Ask A Broker!"

NEW -> Contingent Buyer Assistance Program
<p>Based on some of the threads on this forum and a suggestion from one of the top posters I would like to open a thread for anyone to ask questions about the daily ins and outs of real estate transactions.</p>

<p>I hope my postings to date have shown that I try to offer an objective view of the real estate industry. I prefer not to get into any discussions of values but would like to keep in the direction of the process, usual and customary practices, along with experiences and results. </p>

<p>Feel free to whisper your comments if that makes for a more relaxed environment and if you want the discussion to remain private I will whisper back and respect that request.</p>

<p>I will prepare a disclosure since I am not giving legal or tax advice and do not want to cross any of those lines. I am not trolling for clients since I no longer live in SoCal.</p>

<p>We can also chat live time on the Wed night chat. </p>

<p>If there is interest then "I'm your huckleberry". (Great line from the movie Tombstone)</p>

<p>Enjoy!!</p>

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<p>I will be thinking up some questions; actually have to work right now. </p>

<p>Why Johnny Ringo, you look as if someone just walked over your grave. (with Southern accent)</p>
 
<p>As we all know, the industry standard real estate commission is 6% of the sales price. Typically this breaks down to 3% going to the listing agents broker and 3% going the the buyers agent broker. The 5% commission seems to be gaining more popularity as sellers become more informed. </p>

<p>Perhaps you can explain how a seller might negotiate their commission rate when using you for a listing. </p>

<p>I'm also very curious to see if you refuse to show your buyers homes that are only offering a 2% commission cut to you as the "buyers agent". What percentage of Realtors, do you think, would refuse. (I only ask this b/c my "buyer's agent" did just this thing to me...so much for "looking out for my best interests"). </p>
 
I have never bought or sold a house so I am unsure what benefits a realtor provides. But 3% on a million dollar home is a significant amount of money. What does a realtor have to do to earn this commission?
 
<p>What is the difference between a broker and an agent?</p>

<p>How do the broker and agent typically split the comission?</p>

<p>Who pays for the marketing? Broker? Agent? A combination of both?</p>

<p>When hiring someone to represent one in a real estate transaction, would it be better to go straight to a broker rather than an agent, so the broker has more room to negotiate a fee?</p>

<p>What can a client do to not be a pain in the neck?</p>
 
<em>Who pays for the marketing?</em> Tandeming off awgee's question...how much do you actually spend on the marketing ? Time ?
 
<p>Trooper and all</p>

<p>Good question.</p>

<p><em>"As we all know, the industry standard real estate commission is 6% of the sales price. Typically this breaks down to 3% going to the listing agents broker and 3% going the the buyers agent broker. The 5% commission seems to be gaining more popularity as sellers become more informed."</em></p>

<p><strong>ALL COMMISSIONS ARE NEGOTIONABLE</strong>. I actually saw more lower commissions when the market was hot because there was more competition to get a listing. 5% was becoming the norm, at least in the higher end, with a 2.5% per side. As the market got tighter the 5% was split 3% selling agent 2% listing agent. Now with too many listings and too few buyers I see an increase of 3% or more to the selling agents. We don't see the amount to the listing agent in the MLS. We only tsee he selling side but it seems to be around 3%.</p>

<p><em>"Perhaps you can explain how a seller might negotiate their commission rate when using you for a listing."</em></p>

<p>Being a marketing type, I had a program I called a "VIP Client Program" that I offered up front of 5% with 2% to me and 3% to the selling agent. If the listing was above 1 mil I would do 1.5% to me and 3% to selling agent. I also included the cost of the Home Owners Warrenty. I offered this without being asked since some people don't feel comfortable negotiating.</p>

<p>I actually worked more with buyers and had a rebate program of 10% of my net commission up to a million dollar sale and 15% on sales above that as a credit in closing costs. For this I asked for a Buyer/Broker agreement and did not rush buyers to make decisions. If a buyer wanted to find their own property and basically have me negotiate the sale and follow the escrow then I would increase the rebate based on the buyer's amount of involvement. I would also do this on a fee basis. </p>

<p>I did not negotiate beyond that because the liabitity of a transaction and costs did not make it worth my time. But that program beat most qualified agents out there and saved both the buyer or seller money. I also had a "cushion" if something was needed at close to make the deal work.</p>

<p>"<em>I'm also very curious to see if you refuse to show your buyers homes that are only offering a 2% commission cut to you as the "buyers agent".</em> </p>

<p>Of course I would show 2% listings because I am a "damn fine guy". LOL</p>

<p>My standard way of working with a buyer was to qualify them as to wants and needs then run a search of all properties within their peramiters and provide this information directly to them. Since they were getting a rebate I felt it was fair that they knew what the selling commission was up front. I did not drop out any homes based on commissions. </p>

<p><strong>It may be worth expanding on the commission structure a bit to help people understand where the money goes and why some agents can take less commission and net more money.</strong></p>

<p>Lets say you are dealing with a new agent at one of the big name corporate companies such as Prudential or C-21. Most new agents are on a 60-40 base split with the broker getting the 40%. Some are as low a 50/50. Corporate takes 6 to 8% off of the top prior to the inhouse split. Example a 3% commission on a $600K sale would be $18,000-6% (1080)=16,920x60%=$10,152 net to the agent before taxes and costs.</p>

<p>The broker has a direct interest in getting the highest commissions since they make 6-8% off the top and split the remainder as profit.</p>

<p>The other business model is the desk rental or fee to the broker where the agent pays a set fee per month and receives all the commission or pays a set fee per transaction and receives the remainder. The broker has no vested interest in what the agent receives as a commission. In my case I was on a set fee and could net more by giving rebates to buyers than splitting 20 to 40% with a broker and paying 6-8% to the corporate types. Therefore a 2% commission to me still was decent where a new agent paying a big load off the top would probably not be as inspired to show those lower commission listings. I believe this was a win-win situation.</p>

<p>Example: $600,000x2%=$12,000 gross commission - $700 transaction fee =11,300 - 10% rebate to buyer=$10,170 net to selling agent. Actually the agent would net $18 dollars more on that sale than the 3%. Things aren't always what they seem.</p>

<p><em>"What percentage of Realtors, do you think, would refuse. (I only ask this b/c my "buyer's agent" did just this thing to me...so much for "looking out for my best interests"). "</em></p>

<p>I hope the above explaination sheds some light on this question. I wouldn't feel comfortable in quantifing this but I always tried to offer at least 3% to the selling agent to make sure that my seller did not face this problem. I also think it depends on the market since 2% of something is better then 3% of nothing, but not all agents would feel that way. In the above example I would have netted $18 dollars more by showing you a 2% listing and hopefully had a "Happy Trooper" client who reffered me when someone asked about a good agent.</p>

<p>Was that the same agent that complained about showing you 10 homes? If so how did you select that person?</p>

<p>I hope these facts don't step on any other agents toes that post here. All names have been change to protect the innocent!</p>

<p>Enjoy!</p>

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<p>What are the signs of a good realtors? What are the signs for a bad one?</p>

<p>With all my griping about realtors, I would still use one to reduce the headaches of looking for a place and to have someone to blame if something goes wrong. </p>
 
<p><em>Was that the same agent that complained about showing you 10 homes? If so how did you select that person?</em></p>

<p>No, they were two different agents on opposite ends of the country. The one who complained about showing 15 homes was my listing agent for a home I was selling in Long Beach. I had used him based on a referral from a friend. He was decent as a listing agent (home sold quick anyways, and for above asking), but when I went contigent and started my search he apparently got antsy to "hurry up" and make me buy a house. I was pretty cranky with his attitude near the end (a whole 2 weeks worth of looking)...I also looked at some of his listings, but didn't like them. He was one of those "high pressure" sales people, and I don't do well with that. Kind of like when you walk into a furniture store and get pounced on during the first few steps. Can't stand that. I also think he was pressuring me because he knew I was considering a new house in Corona and he wanted the sale in Long Beach.</p>

<p>The one who did not show me the 2% listing was in Connecticut. I found her based on web research. I went to the local Realtor's websites (we only had two in town !) and checked out the profiles. She was educated, had acted as her own general contractor during several home renovations (ok, flips) and sat on several local boards / civic involvement. I emailed her and we communicated that way for several weeks. Phone conversation solidified that I was comfortable with her, so I flew from CA to CT to look at a few properties. The first time I met her she was late by 15 minutes. Bad start, but it got better. She was a good listener and attentive to my wants and needs in my house quest. My search topped out at 300K, but many houses in the target towns were in that range, so we saw about 20 with nothing hitting me. On a lark, I was driving around and saw the cutest little yellow Cape Cod house on a great street, with a cove view. When I called her about it, she kind of hemmed and hawed and said the listing agent was "difficult". I told her I didn't care and wanted to see the property. The price was showing as 299K on the paper sheet in the box (down from 325K and 9 months on market). As soon as I walked in, I knew it was the one. I ended writing an offer that day, and to our surprise it showed on the MLS as listed at 278K. The price had recently been adjusted, but never changed on the MLS or on the sheets. I was wondering why she hadn't identified this house to me during my search, it was perfect. Only at the closing table did I see that she was only making 2% and the listing agent 3%....not even a 2.5 split evenly. That's when I put two and two together. </p>
 
<p>awgee and all</p>

<p><em>"What is the difference between a broker and an agent?" </em></p>

<p>An agent can only receive a commission from the broker that the agent has a commission agreement with. In effect the broker employees the agents. However the agents in resale are usually independant contractors. New home agents tend to be employeeswith a salary and benifits of either the builder or a third party broker that contracts to sell the builders product . The listing agreement is a contract between the broker and the seller with agents acting on behalf of the broker. Brokers can receive commisions from lenders as well as other brokers while an agent works for only one broker at a time.</p>

<p><em>"How do the broker and agent typically split the comission?"</em></p>

<p>I gave a couple examples of typical splits on a post above. A question to ask an agent when you are interviewing one is what type of split are they on? They may not want to tell you and if so that may be a red flag for you. </p>

<p><em>"Who pays for the marketing? Broker? Agent? A combination of both?"</em></p>

<p>As an independent contractor the agent is usually responsible for all of their marketing costs, business costs (MLS, NAR,DRE fees) health insurance, taxes, both sides of FICA, and all auto expenses. If there is a franchise (C-21, Prudential, etc) then part of the 6-8% off the top of the commission goes for advertising awareness advertising of the company, not a specific home.</p>

<p><em>"When hiring someone to represent one in a real estate transaction, would it be better to go straight to a broker rather than an agent, so the broker has more room to negotiate a fee?"</em></p>

<p>Most brokers are in management positions and cannot compete with their agents. Sometimes a broker will work as an independent with little overhead and can do a better deal if they want to. Or as I did act as and Associate Broker which allowed me to be more independent than an agent.</p>

<p><em>"What can a client do to not be a pain in the neck?"</em></p>

<p>Be truthful and honest. Try to have husband and wife on the same wavelength as to what they want as far as area, schools, floorplans, and price. </p>

<p>Trooper</p>

<p><em>"how much do you actually spend on the marketing ? Time ?" </em></p>

<p>That depends on the market and the commission. If I did a low commission I usually did not do full page colored ads. Most homes are sold through the MLS with another agent so a lot of advertising is really to market the agent theirselves. I did open houses on my listings but usually open houses don't sell the home but the agent gets to meet potential clients. Sellers tend to love them. Good photography, decent descriptions, yard signs, follow with agents who showed the listing and ease of showing makes the MLS user friendly. Also a good web-site that allows clients to search the MLS on their own is valuable. Broker previews help get the agents familiar with the home and motivate them to show it. I posted my listings on Craigs List for a while but got some real weird responses.</p>

<p>Stuff it</p>

<p><em>"What does a realtor have to do to earn this commission?" </em></p>

<p>That is a very broad question. Maybe you can be a little more specific. You may pick up on the the overall answers by reading posts here.</p>

<p>IrvineCommuter</p>

<p><em>"What are the signs of a good realtors? What are the signs for a bad one?"</em></p>

<p>I had posted some of those thoughts on another thread which helped get this one started. You might want to check that out. Hopefully we will cover those areas in discussions going forward on this thread. I will try to put together some thought on selecting a realtor and post here.</p>

<p>Regards</p>
 
XLM, when an agent offers a rebate (i.e. splitting the commission) to the buyer, does the rebate count as income to the buyer? If yes, is there a way around having the rebate counted as income?
 
waiting 2 buylate



The way I do it is as a credit towards closing costs. It is approved by the lender and has to be within their guidlines and done via escrow amendments..



awgee might want to comment on it being "income" as I was not aware of that happening.



I did not give cash back as that would not be legal. It could also be taken off of the price.



Regards
 
I have never heard of declaring a commission rebate as income. It seems to me it decreases the initial cost of the house thereby decreasing the basis.
 
<p>awgee,</p>

<p>That is exactly how commission rebate is handled through escrow. Buyer does not pay income tax on the rebate amount by decreasing the cost basis of the home. </p>
 
<em>Who pays for the marketing? Broker? Agent? A combination of both?</em>





I would add to what xsocal says about the typical 'marketing plan' an agent might use. When you come right down to it, the only marketing your realtor really <u>needs </u>to do is a listing in MLS and their sign in your yard. Then they rely on all the other agents out there to notice it and sell it for them.





A 'better' realtor will understand that part of the commission they're working for is to cover the costs of actually marketing the property and making it attractive to buyers. Basics for a full-commission listing of a higher-end property would be high quality/professional photography, high quality color fliers that are continually monitored and replaced (and not covered up with whiteout or labels or pen scratchouts...) and even expenses to professionally stage the property. Placing separate print advertisements doesn't do much good in my opinion. By the time the thing is printed you may have already had a price change.... I think a good question to ask is "beyond the listing and the sign - what are the major elements of your marketing plan". If they just say 'open house' it would tip me off that they're not particularly innovative when it comes to getting a place sold. Or, they might not have a plan at all.





The opportunity for the big commission is also an opportunity to risk-share. Your agent may need to invest several hundred or even thousand dollars marketing your property if their potential payoff is in the tens of thousands. That's asking them to really put their money where their mouth is!





Whether the marketing costs come out before the commission is split in-house between broker and agent, or after the split and they're all charged to the agent, can depend on their individual arrangement.
 
im not a tax expert but i am a cpa, in situations where there is a rebate, i would think the basis would be reduced as awgee and nirvine mentioned if it there is a paper trail in escrow. i know of situations where companies like zip sent buyers a check after the close of escrow and it is not reflected in escrow (so the basis was not reduced), this shouldnt be considered income either since it is either down payment or borrowed money that the buyer is putting up and then getting back. Although I dont think banks typically allow the buyers to walk away with borrowed funds at the close of escrow.
 
<p>qwerty,</p>

<p>I am not a tax expert either; however, I did 1099 my clients on the rebate amount (after the fact demand as I usually arrange through escrow). The paper trail of rebates from agent to buyer if sufficient for my clients' CPA to zero out the rebate amount as income.</p>
 
<p>xlm,</p>

<p>I would like to say that you are doing a fantastic job with your answers. I could not agree or contribute more to yours. </p>

<p>I am not sure if you have brought this up. There is a very important trait that a good agent must have is to provide customer support post closing. Things that could happen post escrow are mechanic liens or other type of liens show up, HOA found unresolved issues with the homeowner, overcharging not caught in escrow, frauds, buyer/seller law suits, and the list goes on. A good agent will stick around and help with guidance and pointers to resolve issues quickly.</p>

<p>When I buy a brand new house, I want to have the confidence that the builder will stay in business and will honor the warranty service for at least the next 10 years.</p>

<p> </p>
 
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