| Listing
Commissions and Related Issues
Are Commissions Negotiable?
In most areas there is a
"customary" percentage that real estate agents expect to earn as a
commission. Usually, it is six percent of the sales price. In some areas
it can be as high as seven percent. However, just like anything else in
real estate, this amount is negotiable. When completing the listing
agreement, you and your agent will agree on the amount of the real
estate commission.
Cut-Rate Listing Commissions
With the advent of the
web, the real estate industry has become more competitive. Some agents
and companies are offering cut-rate commissions to get you as a client.
There are a variety of reasons for this.
When you list with a
company, they can advertise your listing in newspapers, magazines, and
on the web. This pulls in phone calls and emails from prospective
buyers. By cutting your commission, they get more listings, can
generate more ads, and can bring in more buyers.
Much of the time, the
lower commissions are offered when you agree to tie in to other services
offered by the broker, such as agreeing to use a specific lender,
escrow, settlement, or title company. The broker (not the agent) will
probably have some type of ownership or profit participation in those
businesses.
A potential problem with
agreeing to tie in to these other companies is that they are not always
competitive in pricing those other products or services. Sometimes they
are priced in a way that allows them to earn back the income lost by
offering a smaller real estate commission. This doesn't always happen,
but often enough that you should be a vigilant consumer.
Another common practice
when you see an ad for a reduced commission is that the compensation is
lowered when you agree to buy your next home through the same agent or
broker. It makes more sense for the company to actually offer the
reduced commission on your purchase rather than the sale, so you might
expect an arrangement like that.
Finally, sometimes (but
not always) lower commissions are tied to a lower level of service. All
you may want is a sign in your yard and to be listed in the Multiple
Listing Service. In such a case, then a cut-rate commission may be
right choice for you, too. If you want a full service agent who
actively markets your home and doesn't tie you in to additional services
or require you to buy your next home through them, you may want a
full-commissioned agent.
As a result, when you see
an offer for a lower commission, you should analyze whether you are
giving up any services or freedom to choose services in the open market,
then determine if that makes sense for you. Be sure to ask lots
of questions.
How and When Listing Commissions are Earned
Your listing contract
specifies a listing price. Your agent’s job is to bring a "ready,
willing and able" buyer to present an offer. If you reach agreement with
the buyer, then the agent has done his job and earned the commission.
Once the sale has closed, the real estate broker gets paid from the
proceeds of the sale.
If the buyer proves
unable or unwilling to conclude the sale, the house is placed back on
the market and the agent has to begin earning his or her commission all
over again.
However, if the seller
backs out or does not accept an offer that meets the price and terms of
the listing agreement, the listing broker has still earned the
commission. They may want to be paid, even though you did not actually
sell your home. Therefore, it is very important to carefully consider
every detail when completing your listing contract and accepting an
offer to buy your property.
"Hot Market" Under-Pricing Sales Technique –
Commission Issues
During a "hot market"
there is a certain marketing technique which, though very effective,
could cause trouble because of the way the contract is written. This is
the practice of "under-pricing" the home. In a hot market, a home that
is under-priced gets a lot of attention from other Realtors, and they
all start showing your home to their clients. Often, you get into a
situation where multiple offers are presented and the price starts going
up because of the frenzy. You end up selling the house above your asking
price and perhaps above what you could have received if you had priced
it traditionally.
However, the technique
does have the potential to backfire, so you should build safeguards to
prevent having to pay a commission "just in case."
You see, the listing
contract usually states that if an offer is received that meets the
terms presented in the contract (including price), the real estate agent
has earned his or her commission – even if you decide not to sell. A
reputable agent would never attempt to collect a commission if they were
using the "under-pricing" technique and it backfired, even if they are
technically entitled to one. For that reason, in the "additional terms"
space on the listing contract, you should specify your true target price
– when the agent has really earned the commission.
copyright 2000 by Terry
Light and RealEstate ABC
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