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re: I'm selling a condo FSBO and the buyer's realtor has contacted me

Posted on 6/9/16 at 6:26 pm to
Posted by Janky
Team Primo
Member since Jun 2011
35957 posts
Posted on 6/9/16 at 6:26 pm to
Then why is she involved?
Posted by Jag_Warrior
Virginia
Member since May 2015
4184 posts
Posted on 6/9/16 at 6:26 pm to
What I was trying to get at, is she truly a buyer's broker? And in what way would she be the procuring cause of sale in this case? Unless she has a written agreement with someone, she could have driven these people around for the past six months. But if they found and saw your property on their own, you can deal with them directly. That's why I wondered what this fee was based on.

That's how it works in my state anyway. At least half the time I've sold a property, the buyer will say "my" agent. But if their agent wants a fee from me, their fiduciary responsibility is then with me... and so they're actually "my" agent. Their only duty to the buyer is fair treatment.

When I've sold FSBO, I've generally stated the SAF that I'm willing to pay. More and more agents these days will show FSBOs. Years ago, most would not. They'd just call you to death and try to get a listing (pocket or otherwise).
Posted by boosiebadazz
Member since Feb 2008
80549 posts
Posted on 6/9/16 at 6:27 pm to
frick if I know.

That's why I started this thread
Posted by boosiebadazz
Member since Feb 2008
80549 posts
Posted on 6/9/16 at 6:30 pm to
He is getting a loan to buy the property. She contacted me for the name of my condo association president because his bank needed some paperwork from the condo association. That's as far as it's gotten at this point.

He's buying it as a rental, and I've already signed a lease covering it until August 2017. I was going to use that to bargain over closing costs. However, if her fee is expected to come from my money, I'll just raise my low line up and he can finance her fee if he really wants.

Making things more complicated than need be.
This post was edited on 6/9/16 at 6:33 pm
Posted by Janky
Team Primo
Member since Jun 2011
35957 posts
Posted on 6/9/16 at 7:03 pm to
Ask the buyer if she is representing them or not. If not, tell her to go pound sand. If she is, then your bottom number needs to be raised.
Posted by Jag_Warrior
Virginia
Member since May 2015
4184 posts
Posted on 6/9/16 at 7:12 pm to
Pretty straightforward transaction, actually. Just do what Janky said above and you'll be fine. And from now on, only speak with the buyer. She's only due a commission if she is seen as the procuring cause of sale. Again, that's how it works in my state.

Not just in matters of real estate, but always get it laid out *up front* before you begin discussing financial matters with a third party. If this was me, I'd just negotiate with the buyer, write a contract, have him sign it and be done with it. And if some woman, who I don't know and have never met, asked me for money...

I'm not out to screw anybody. But from what you've said, she's not even along for the ride.
Posted by ItNeverRains
37069
Member since Oct 2007
25959 posts
Posted on 6/9/16 at 7:13 pm to
If you were not offering any consideration to an agent bringing you a buyer the agents fees are on the buyer. Agent may try to get you to pay her fees but if you object, then that falls back to buyer.

Take the emotion out of it and make it a business transaction. You know your bottom line.
Posted by Janky
Team Primo
Member since Jun 2011
35957 posts
Posted on 6/9/16 at 7:19 pm to
Right, which goes back to whether or not you want to sell the house. You can always say no, but you need to decide if 2-3% is worth getting a buyer. Have you had much activity up to this point?
Posted by boosiebadazz
Member since Feb 2008
80549 posts
Posted on 6/9/16 at 7:19 pm to
I just put up signs, Zillow, and Craigslist. I never offered anything to an agent.

We'll see how it progresses, but I'm a little skeptical.
Posted by Janky
Team Primo
Member since Jun 2011
35957 posts
Posted on 6/9/16 at 7:24 pm to
If you just started I would offer to split the commission with the buyer but raise my minimum number. If they balk then tell them no and wait and see if you get more interest.

What is the listing price anyway?
This post was edited on 6/9/16 at 7:25 pm
Posted by boosiebadazz
Member since Feb 2008
80549 posts
Posted on 6/9/16 at 7:37 pm to
110k. low number is 105k, so i didn't have much of a margin to begin with. A year lease already signed was going to be my big bargaining chip, so her fee has complicated things a bit
Posted by lsu711
Member since Sep 2003
13228 posts
Posted on 6/9/16 at 7:46 pm to
I've found that the best approach is to be up front as early as possible and ask her for her expectations.
Posted by baldona
Florida
Member since Feb 2016
20652 posts
Posted on 6/9/16 at 7:49 pm to
How did you not have this figured out before listing it as a FSBO? I mean probably 90% of buyers or more would have an agent unless this is investment grade at investment grade price?

I don't understand why you are so upset, the agent could be helping an out of town person find a property and been looking for months. How is that not worth an amazing $2,000?

You are talking about $2-3000 here, decide for yourself if you will pay it or make the buyer pay it. Not that difficult. As said how long has it been on the market? If it's been on the market for less than a month push for the buyer to pay their realtor, if it's been on the market for a year why would you not pay the $3000 yourself and move on?
Posted by boosiebadazz
Member since Feb 2008
80549 posts
Posted on 6/9/16 at 7:52 pm to
Because the buyer found it without her, we discussed it a few times, and then she enters the fray to apparently hold his hand through the process.

And that's supposed to come out of my bottom line. I'll find a way to get the deal done, but it's just silly (from my perspective) and unnecessarily complicated things.
Posted by baldona
Florida
Member since Feb 2016
20652 posts
Posted on 6/9/16 at 8:11 pm to
Just because the realtor didn't do all the work doesn't mean they don't deserve your cut. Everyone loves an easy deal and we have no idea if that's what this was.

Most FSBO are bitter sellers too cheap to pay the cost of business to obtain their maximum price. The realtor easily could of instructed the buyer to make the contact knowing that.

Btw, you are being ignorant of the fact that if you sell the property for $110,000 and pay realtor fees or sell it for $108,000 and they pay them then the deal was basically the same. You are saying you want the maximum amount of money, but you are losing the $2k whether it goes from your pocket to the realtors or straight from the buyers to the realtors.
Posted by kywildcatfanone
Wildcat Country!
Member since Oct 2012
120054 posts
Posted on 6/9/16 at 8:30 pm to
I sold my house FSBO, but I was fine with a realtor bringing me a client. It happened, and I gave the realtor 3% and she did all of the paperwork.
Posted by ItNeverRains
37069
Member since Oct 2007
25959 posts
Posted on 6/9/16 at 8:38 pm to
quote:

Most FSBO are bitter sellers too cheap to pay the cost of business to obtain their maximum price. The realtor easily could of instructed the buyer to make the contact knowing that.

Btw, you are being ignorant of the fact that if you sell the property for $110,000 and pay realtor fees or sell it for $108,000 and they pay them then the deal was basically the same. You are saying you want the maximum amount of money, but you are losing the $2k whether it goes from your pocket to the realtors or straight from the buyers to the realtors.



I think the concern from seller is agency was created after some negotiations had happened. Now there is another cook in the kitchen. Had this been disclosed on front end, sellers mindset going into the negotiations would be different.

My two cents is at the end of the day if you have to compensate agent but hit your margins then the deal is still worth it. The good news is agent doesn't get paid until closing so they will make sure buyer has ducks in a row and should help the process move along.

Just a loser realtors opinion.
Posted by baldona
Florida
Member since Feb 2016
20652 posts
Posted on 6/9/16 at 8:38 pm to
Another thing to consider is that if this deal doesn't go through, it's extremely likely the next buyer will have a realtor. So letting this one fall through because of something that will likely happen again just doesn't make sense.

For the record I don't think selling a house by owner is wrong at all, but not expecting to pay 2-3% to the buyer doesn't make sense.
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
49196 posts
Posted on 6/9/16 at 8:57 pm to
quote:

Then don't pay her, and lose the buyer.


This is the correct answer.

This is the real world
Posted by foshizzle
Washington DC metro
Member since Mar 2008
40599 posts
Posted on 6/9/16 at 9:11 pm to
quote:

It's really not that dumb. People get finders and referral fees all the time.


This. If the agent puts you in touch with someone who closes the deal it's worth money. Exactly how much probably depends mostly on how eager you are to sell.
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