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Buyer paying the Buyer Agent a fee

Posted on 10/6/16 at 1:47 pm
Posted by lsu711
Member since Sep 2003
13079 posts
Posted on 10/6/16 at 1:47 pm
The actual term reads:

COMPENSATION: BUYER agrees to pay Broker, as compensation for services rendered, a cash fee as follows: $250.00 transaction fee at closing.


Has anyone come across a fee like this when buying real estate?
Posted by Mr.Perfect
Louisiana
Member since Mar 2013
17438 posts
Posted on 10/6/16 at 3:15 pm to
In addition to the commission they are getting or in lieu of?
Posted by Finch
Member since Jun 2015
3154 posts
Posted on 10/6/16 at 3:31 pm to
I could be wrong but I think the the commission paid is in a contract between the seller and that agent.

I.e. Seller agrees to pay 5% of total price to both agents.

If I had to pay the buyer's agent I'd ask for that to be addressed
Posted by BigAppleTiger
New York City
Member since Dec 2008
10387 posts
Posted on 10/6/16 at 4:02 pm to
I'm assuming this stipulation is included on the exclusive buyer's agreement which you signed. Is this the first time reading it?
Posted by lsu711
Member since Sep 2003
13079 posts
Posted on 10/6/16 at 5:25 pm to
I asked the agent and she said that the Seller's agent has agreed to pay them a commission. I assume that means a full 3%.

This is on the exclusive buyers agreement. This is my first time reading it. I haven't signed it yet because of that term.
Posted by GaryMyMan
Shreveport
Member since May 2007
13498 posts
Posted on 10/6/16 at 5:34 pm to
quote:

This is on the exclusive buyers agreement

I've never seen nor signed anything like this. Granted my realtor is a friend but I don't see what it benefits you.
Posted by BigAppleTiger
New York City
Member since Dec 2008
10387 posts
Posted on 10/6/16 at 5:51 pm to
quote:

I asked the agent and she said that the Seller's agent has agreed to pay them a commission. I assume that means a full 3%.

This is on the exclusive buyers agreement. This is my first time reading it. I haven't signed it yet because of that term.



I would tell her that you see no reason to pay any fee over and above the commission as provided by the sellers. The listing broker's agreement determines the commission. Tell her to redact the language or you will find another agent.

ETA: I have not seen this "transaction fee" ever listed on an exlusive buyer's agreement. The only possible explanation I can think of would be to benefit the amount of commission charged by the selling broker to your agent. In other words... bogus.
This post was edited on 10/6/16 at 5:56 pm
Posted by lsu711
Member since Sep 2003
13079 posts
Posted on 10/6/16 at 6:11 pm to
Thanks for the feedback. That's what I thought, but wasn't sure if this was common nowadays.

The agent told me that term is in most of their agreements and that it "basically helps us pay for our staff." That set off the alarms.
Posted by BigAppleTiger
New York City
Member since Dec 2008
10387 posts
Posted on 10/6/16 at 6:21 pm to
Posted by Finch
Member since Jun 2015
3154 posts
Posted on 10/6/16 at 8:08 pm to
quote:

Thanks for the feedback. That's what I thought, but wasn't sure if this was common nowadays.

The agent told me that term is in most of their agreements and that it "basically helps us pay for our staff." That set off the alarms.



The part of the commission taken by the broker pays the staff.

I'd walk away and let them know why. If they're going to nickel and dime you for $250, can you trust them to get you the lowest possible purchase price?
Posted by DieSmilen
My Rubbermaid Desk
Member since Dec 2007
1733 posts
Posted on 10/6/16 at 8:20 pm to
Is it being disclosed to the seller?

(22) Failure to advise all parties to a real estate transaction in writing of compensation being received from any source in connection with that real estate transaction.
Posted by GaryMyMan
Shreveport
Member since May 2007
13498 posts
Posted on 10/7/16 at 7:53 am to
quote:

I'd walk away and let them know why.

A few months ago I was all set to buy a land cruiser out of miami. I had them send me the buyers order and it had $1,250 in dealer fees. I walked and told them why. They offered to ditch them but I was soured.
Posted by Jag_Warrior
Virginia
Member since May 2015
4113 posts
Posted on 10/7/16 at 11:01 am to
To be honest with you, in 30+ years of buying and selling real estate, I've never seen such a thing. It screams conflict of interest to me. In my experience, a buyer's agent is typically paid by the buyer and works for and represents the buyer's interests. Many buyers (inaccurately) refer to the agent that shows them a house as "their" agent. But if that agent is being paid a subagent fee by way of the seller's agent, they're actually also the seller's agent - the buyer (in this case) doesn't really have an agent. Their only obligation is to treat the buyer fairly and ethically.

In the scenario in the OP, I'd ask this woman who she'd be representing if the deal hit a snag and she had to pick a side? I mean, how often do you hear of one attorney representing both the husband and the wife in a divorce? If it's contested, I can't see that ever happening.

Lastly, is she just a state licensed real estate agent or is she an actual Realtor? Meaning, is she a member of the National Association of Realtors? Personally, I'd look into that. I wouldn't do business with her or her agency in any case. But if she's been sketchy along the way, I'd probably also drop a dime on her as I walked away.
Posted by novabill
Crossville, TN
Member since Sep 2005
10448 posts
Posted on 10/8/16 at 10:52 pm to
Some brokerages do charge this. I have seen this on a number of settlement statements. It is becoming more common.

I would simple tell them you do not want to pay that fee. If that is a requirement, then you will find another realtor that does not charge that fee. They will not let you walk because of that fee.
Posted by Balloon Huffer
Member since Sep 2010
3421 posts
Posted on 10/9/16 at 11:43 pm to
this is complete BS.

Run away from this agent and company right away.

Get a real agent/ company.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37126 posts
Posted on 10/10/16 at 10:06 am to
I would not pay it. I certainly would not sign a contract that had that language.

The buyer splits commission with the seller. End of story.

Now... I always thought that was stupid.

To me, a better system would be... each side pays their agent whatever they negotiate. Sellers pay 3% to their person, Buyers pay 3% to their person. No conflict of interest, and either side is free to negotiate different terms (or not have representation at all).

Prices would adjust, of course, to this new world.
Posted by ItNeverRains
37069
Member since Oct 2007
25496 posts
Posted on 10/10/16 at 11:08 am to
I've seen buyers agents do this every so often. Ive seen one for $1000. If you can get it and both parties feel you are worth it, go for it. Their are also people who manage the contract for the agent start to finish that typically charge $250 from binding contract to closing for their services. Probably what the agent is passing along to client.
Posted by ItNeverRains
37069
Member since Oct 2007
25496 posts
Posted on 10/10/16 at 11:13 am to
quote:

To me, a better system would be... each side pays their agent whatever they negotiate. Sellers pay 3% to their person, Buyers pay 3% to their person. No conflict of interest, and either side is free to negotiate different terms (or not have representation at all). Prices would adjust, of course, to this new world.


As a buyer I'd rather finance my agents fee into the purchase price, especially at 3.5% interest over 30 years. Closing costs and 20% down is enough cash out of pocket in my book.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37126 posts
Posted on 10/10/16 at 11:17 am to
quote:

As a buyer I'd rather finance my agents fee into the purchase price, especially at 3.5% interest over 30 years. Closing costs and 20% down is enough cash out of pocket in my book.


I don't see why you would not still be able to do that. It would take a change in lending practices, but it's not something that is impossible to do.

In the end, the buyer is getting the same amount of money, everyone knows that the commissions get paid out of closing proceeds anyway, one way or the other. So the net numbers don't change. The appraisal value doesn't change.
Posted by ItNeverRains
37069
Member since Oct 2007
25496 posts
Posted on 10/11/16 at 5:56 am to
quote:

I don't see why you would not still be able to do that. It would take a change in lending practices, but it's not something that is impossible to do.


Its very simple. House gets under contract at 500k. Appraises at 500k. Buyer now wants lender to back a loan on a house for 515k to cover agent fees?

Never going to happen, nor should it.
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