05/13/2024
It’s been a long time since I wrote about real estate. Covid, inflation, etc., the number of question I get from friends and clients decreased during this time, it wasn’t necessary to. Now it’s a little different. As of July, commissions paid from sellers agent to buyers agent cannot be listed in the MLS. Ok, not a big deal because if you have ( AS YOU SHOULD!) your clients best interest at heart, you did not point out homes for sale based on your commision. In California, that split commission from the sellers agent was fine. In Missouri, where the average price of a home is around $240,000, it might mean something but in this market that won’t buy you a 260 sq ft studio. Most agents glance at it but it they are ethical, your split doesn’t not matter when you show homes to buyers. You represent their interests, not yours.
The second change is buyers must pay their agents to represent them. What has been the norm for 70 years is sellers agent split their commision with the buyers agent for bring them a buyer who has been vetted by the buyers agent to be able to purchase the sellers home, who is willing and able to at least meet the asking price which, through their agent, they can negotiate with seller. Now the buyer must sign a contract with their agent to pay them for their services. Fun, right? Well no. What will be the norm moving forward is the buyer will ask the seller to pay their agents commision or negotiate another for of concession so that they do not have to bear the burden of coming up with their agents commision for representing them at a time when they need every penny. The seller can say no, not going to do that, a power they already have had, and he will only pay his agent. That leaves the buyer on the hook because no one, be they a doctor, a lawyer, an account, or your mechanic working on your car, works for free. Are you about to negotiate with agent concerning commision? Sure, and you should, but every agent has their line in the sand about how low they will go. Agents pay hefty fees for data, insurance, and a whole bunch of things buyers never see. I once had to come up with $2500 for termite work the seller could not afford and the VA said the buyer is not allowed to pay. They were nice people looking for their first home so I paid the work for them and the seller to close the purchase. Did not make a lot of commission in the end but had a lot of satisfaction when I handed them the keys to their new home. The bottom line is if you negotiate a commission of 2% then that is what you owe you agent. That can be mitigated by the seller paying all or part, it can be in the form seller paying closing costs, whatever. But you still the 2% for agents work, even if part of it comes from the seller.
It will mean more paperwork ( which is already a lot ) and solid negotiation but in the end it will work out. If you think you can do this on your own, good luck and have a good attorney on your speed dial. This is California where attorneys get rich off people who think they can go it alone in the biggest investment in most peoples lives.
Just remember, real estate is still the one sure way to build wealth but that’s for another posting.