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Sellers
Seller
Articles and Advice
Listing Commissions and Related
Issues
Is
the Commission Negotiable?
In
some areas of the country there is a certain percentage that real
estate agents expect to earn as a commission. This commission
amount is a certain percent of the sales price. Or, some companies
will charge a set fee for their services. 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, a lot of agents are offering
"cut-rate" commissions. Most of the
time, lower commissions are tied to a lower level
of service. If all you want is to be listed with
the Multiple Listing Service and a sign in the
front yard, then a cut-rate commission may be
right for you. If you want an agent who will
actively promote your property to other agents and
spend money on advertising, then you probably are
not going to get that level of service with a
reduced commission.
At other times, 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. The
problem with agreeing to tie in to these other
companies is that they do not have to be as
competitive in pricing their products or services.
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 property through
the same agent or broker. Usually, the reduced
commission is not really being offered on the sale
of your existing home but on the purchase of your
next one. The ads are usually unclear on this.
As a result, when
you see an offer for a lower commission, you
should analyze what you are giving up by accepting
such an offer. It probably will not be readily
apparent in the advertisement. Be sure to ask lots
of questions.
How
and When the Commission is 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 condo. 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 Strategy - 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 property. In
a hot market, a home that is under-priced gets a lot of attention
from other Real Estate Professionals, and they all start showing
your condo 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.
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