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#1
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Buyers agent versus attorney
Hello,
I have been reading about how important buyers agents are to the whole process of home buying and how they will help you find a home that you want. My problem is that I have no problem finding homes that I want, I just drive around and there they all are. My needs are limited. Everything else is up-in-the-air. Now here comes the problem: Most of the houses listed in the MLS have the owners paying a listing agent for listing it. That is fine by me, but I dont necessarily want to use a buyers agent, because I already have an idea of what I can live with in a house and what I cannot. An inspection should take care of the structural issues and an appraisal should take care of the actual value of the house, give or take a small margin. I am quite sure of how much I want to pay for a house when I see it and the appraisal will make it easier. Besides I can give up more to the seller if I am not worried about the seller having to pay the buyers agent the commission and there by have an inflated listing price... Also most important; I'd get an attorney to look at the paperwork right from the start, definitely better versed in lreal-estate law than an real-estate broker/agent. No ? So WHY should I use a buyers agent ? For Negotiation- is what I've read from this group? How is that an argument, I will have a 3% leeway in my negotiation if I DONT use a buyers agent because I wont have to pay their commission. Especially if there is no work involved for the agent at all. It feels like really easy money for a buyers agent, in a sellers market. They have plenty of buyers to choose from and if not me another of their clients will bite, so they dont have much by the way of incentive to fight for ME versus their OTHER clients who want the same house. I am more comfortable at the thought of a real-estate attorney helping me through the process. Any arguments to the contrary are welcome. Thanks |
#2
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"an" wrote in message
oups.com... Hello, I have been reading about how important buyers agents are to the whole process of home buying and how they will help you find a home that you want. My problem is that I have no problem finding homes that I want, I just drive around and there they all are. My needs are limited. Everything else is up-in-the-air. Now here comes the problem: Most of the houses listed in the MLS have the owners paying a listing agent for listing it. That is fine by me, but I dont necessarily want to use a buyers agent, because I already have an idea of what I can live with in a house and what I cannot. An inspection should take care of the structural issues and an appraisal should take care of the actual value of the house, give or take a small margin. I am quite sure of how much I want to pay for a house when I see it and the appraisal will make it easier. Besides I can give up more to the seller if I am not worried about the seller having to pay the buyers agent the commission and there by have an inflated listing price... Also most important; I'd get an attorney to look at the paperwork right from the start, definitely better versed in lreal-estate law than an real-estate broker/agent. No ? So WHY should I use a buyers agent ? For Negotiation- is what I've read from this group? How is that an argument, I will have a 3% leeway in my negotiation if I DONT use a buyers agent because I wont have to pay their commission. Especially if there is no work involved for the agent at all. It feels like really easy money for a buyers agent, in a sellers market. They have plenty of buyers to choose from and if not me another of their clients will bite, so they dont have much by the way of incentive to fight for ME versus their OTHER clients who want the same house. I am more comfortable at the thought of a real-estate attorney helping me through the process. Any arguments to the contrary are welcome. Thanks You would get better results posting this in misc.invest.real-estate . The main flaw in your logic is that the seller of the house has an agreement with and pays the commission to the listing agent. If you don't have your own agent to split the predefined fee, the listing agent keeps 100% of the commission. |
#3
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There is a difference between a buyer's agent and seller's agent. Talking
to a seller's agent is like talking directly to the seller. Do NOT discuss a fair market comparison, your upper limits on price, your enthusiasm about a particular house. A buyer's agent has a fiduciary responsibility NOT to discuss subjects with the seller's agent about how high you will go or your enthusiasm for a house. There's a lot more to it, but you get the idea. "dane" wrote in message news:1106372146.cd9f89ecdbb4f0c9f3e1c837e855463c@b ubbanews... "an" wrote in message oups.com... Hello, I have been reading about how important buyers agents are to the whole process of home buying and how they will help you find a home that you want. My problem is that I have no problem finding homes that I want, I just drive around and there they all are. My needs are limited. Everything else is up-in-the-air. Now here comes the problem: Most of the houses listed in the MLS have the owners paying a listing agent for listing it. That is fine by me, but I dont necessarily want to use a buyers agent, because I already have an idea of what I can live with in a house and what I cannot. An inspection should take care of the structural issues and an appraisal should take care of the actual value of the house, give or take a small margin. I am quite sure of how much I want to pay for a house when I see it and the appraisal will make it easier. Besides I can give up more to the seller if I am not worried about the seller having to pay the buyers agent the commission and there by have an inflated listing price... Also most important; I'd get an attorney to look at the paperwork right from the start, definitely better versed in lreal-estate law than an real-estate broker/agent. No ? So WHY should I use a buyers agent ? For Negotiation- is what I've read from this group? How is that an argument, I will have a 3% leeway in my negotiation if I DONT use a buyers agent because I wont have to pay their commission. Especially if there is no work involved for the agent at all. It feels like really easy money for a buyers agent, in a sellers market. They have plenty of buyers to choose from and if not me another of their clients will bite, so they dont have much by the way of incentive to fight for ME versus their OTHER clients who want the same house. I am more comfortable at the thought of a real-estate attorney helping me through the process. Any arguments to the contrary are welcome. Thanks You would get better results posting this in misc.invest.real-estate . The main flaw in your logic is that the seller of the house has an agreement with and pays the commission to the listing agent. If you don't have your own agent to split the predefined fee, the listing agent keeps 100% of the commission. |
#4
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You would get better results posting this in misc.invest.real-estate
.. The main flaw in your logic is that the seller of the house has an agreement with and pays the commission to the listing agent. If you don't have your own agent to split the predefined fee, the listing agent keeps 100% of the commission. Ah. That seems very strange to me that the listing agent gets 6% commission if I find the house myself, but if I go through a buyers agent my agent gets to keep 3%. Why should that be the case ? Why would any seller sign such a contract with a listing agent which would make buyers like myself unavailable to them. It seems only fair that I get the 3% if I am doing all the work myself. I mean nothing MANDATES that I have to use an agent. I am given to understand that it is in my best interest to do so, but I also know that a lawyer is much cheaper and more knowledeable than a real-estate agent. The value-add of an agent for me is only in the case I dont know what I want to buy and to help me find homes, negotiate etc., but if I can do all that- why on earth should I go with an agent. Really fishy. |
#5
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"an" wrote in message
oups.com... You would get better results posting this in misc.invest.real-estate . The main flaw in your logic is that the seller of the house has an agreement with and pays the commission to the listing agent. If you don't have your own agent to split the predefined fee, the listing agent keeps 100% of the commission. Ah. That seems very strange to me that the listing agent gets 6% commission if I find the house myself, but if I go through a buyers agent my agent gets to keep 3%. Why should that be the case ? Why would any seller sign such a contract with a listing agent which would make buyers like myself unavailable to them. It seems only fair that I get the 3% if I am doing all the work myself. I mean nothing MANDATES that I have to use an agent. I am given to understand that it is in my best interest to do so, but I also know that a lawyer is much cheaper and more knowledeable than a real-estate agent. The value-add of an agent for me is only in the case I dont know what I want to buy and to help me find homes, negotiate etc., but if I can do all that- why on earth should I go with an agent. Really fishy. I understand your point of view, but that is not how the real estate market works. The real estate market is an illiquid market and is set up for sellers to sell their houses, not for buyers to buy houses. The real estate industry makes it look like they are helping people buy houses, but they are in reality helping owners to sell houses. The listing agent is contracted to work for the seller for a commission. If you are a licensed real estate agent then you would be able to split the commission with the listing agent, otherwise a zero. The only way to do it your way is to skip the MLS and only deal with FSBOs. The way things are done in real estate are not uniform from state to state or even within a state. In Northern New Jersey almost everyone uses a lawyer at closing, while in Southern New Jersey almost no one does. You need to determine your local practices. In general lawyers know more about the law and contracts than real estate agents, but real estate agents know more about the business of selling and buying houses. Using an experienced buyers agent could possibly save you from making an expensive mistake. If you deal with the listing agent directly you are putting yourself at a distinct disadavntage and not saving any money. Only FSBOs present a money savings opportunity. I'll recommend again that you should also post your questions in misc.invest.real-estate for more responses. I have no connection to any part of the real esate business. |
#6
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In article .com,
an wrote: Ah. That seems very strange to me that the listing agent gets 6% commission if I find the house myself, but if I go through a buyers agent my agent gets to keep 3%. Strange but that is how it works. Since the vast majority of residential transactions involve 2 agents that is how the contracts are setup. As an unrepresented buyer, you should just lower your offer by 3%, make sure they are aware that you have no agent, and assume that the seller and their agent will mutually agree on a reduced commission in order to facilitate the sale. Since each of them will end up with the same amount of money at the end this isn't an unreasonable assumption. Note that the worst thing for a seller is to have an offer that falls apart. By not doing things the "normal" way your offer might be viewed as slightly shakier. Solid financing and a seller friendly tilt on the other contingencies may be useful. -- Jim Prescott - Computing and Networking Group School of Engineering and Applied Sciences, University of Rochester, NY |
#7
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I don't see that: it surely can't be that unusual for the listing agent
to sell the house him/herself without having to split the commission with a buyer's agent. That extra 3% (or whatever) is the reward for going out and finding a buyer rather than merely waiting for another agent to bring a buyer. Are you prepared to buy a house that you've seen only from the outside? If not, then who's going to show you the inside? Who's going to answer any questions you have? Answer: The listing agent, who, although not obligated to tell you what's wrong with the house, can't (legally) lie when you ask questions. Even if you went to the owner directly and got a look at the inside and get your questions answered, the contract with the listing agent probably specifies that, if the house is sold within a certain period, the listing agent still gets the commission. Whether a flat 6% is a fair rate is another story. When I sold real estate in South Australia 40 years ago, the rate was 5% on the first "chunk" (probably equivalent to one fourth or one third of the price of a typical house) and tapering off from there (perhaps 3% of the next "chunk", down to 1.25% of the amount over 100,000 pounds -- a huge transaction). And the title transfer fee was peanuts, since lawyers didn't do conveyancing the it was done by "licensed land brokers," if I remember the term correctly). Perce On 01/24/05 07:06 pm Jim Prescott tossed the following ingredients into the ever-growing pot of cybersoup: Ah. That seems very strange to me that the listing agent gets 6% commission if I find the house myself, but if I go through a buyers agent my agent gets to keep 3%. Strange but that is how it works. Since the vast majority of residential transactions involve 2 agents that is how the contracts are setup. As an unrepresented buyer, you should just lower your offer by 3%, make sure they are aware that you have no agent, and assume that the seller and their agent will mutually agree on a reduced commission in order to facilitate the sale. Since each of them will end up with the same amount of money at the end this isn't an unreasonable assumption. Note that the worst thing for a seller is to have an offer that falls apart. By not doing things the "normal" way your offer might be viewed as slightly shakier. Solid financing and a seller friendly tilt on the other contingencies may be useful. |
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