05/20/2025
Exactly, in most sales the pool of money that sellers and buyers have to pay their agent is limited. With banks only allowing the seller’s side wrapped in the loan, except for “seller concessions” of course, and adding buyer’s broker commission as a seller concession limits other uses for it. Where does that leave buyer’s agents, especially given the fact that many list agents are trying to get all they can and “screw the buyer’s agent”? Yes, that is exactly what we’re being told.
If that pool is limited to 5% for both sides, and the list agent “negotiates” 4%, where does that leave the buyer’s agent? Even the best negotiation skills can’t get blood out of a turnip. Why are buyers expected to pay out of pocket but not sellers? Who’s the one bringing the money to the table anyway? The buyer!
Add to that the fact that list agents aren’t revealing the commission that they have “negotiated” with the buyer, even though the buyer’s mortgage or cash is really what is paying that. For the buyer to not have some say in the list side commission is a total lack of transparency. I can’t say it enough, who is bringing all the money to the table? The buyer, and without some say in the list side commission I can see that being the next lawsuit the NAR will have to deal with.
Both brokerage’s commission needs to be transparent for all sides to see, and it needs to be negotiable by both sides all the way to the closing table.
A buyer not able to pay out of pocket is usually dependent upon what the seller can offer. After all, that gets wrapped in the mortgage anyway, and is usually added into the comps used in appraisals. Why should the list agent being able to talk a seller into a large percentage, while not giving the seller all the necessary information, and leaving a small amount, if anything for the buyer’s agent, why should the list agent have that advantage?
The list agent’s fee, as well as the buyer’s agent’s fee, should be known by all parties, and be negotiable all the way up to the closing table. Again I say it, the buyer is the one bringing the money to the table, they should have a say in how much of their loan, or how much of their cash is going to pay the list agent. The seller can always pay any agreed upon excess out of pocket after closing.
As an example, a seller is willing to pay 5% towards agent fees. If the list agent “negotiates” a 4% fee, and the buyer is unable to pay out of pocket, or needs the entire 6% sellers concessions allowed by FHA or USDA for things beside commission, why is that 1% not negotiable?
The buyer in an offer, if they know that 5% is allowed by seller, and that 4% is going to the list agent, should be allowed to offer 2.75% for the list side and 2.25% for their agent, or even 2.5/2.5%. After all it is coming out of their mortgage.
If the seller’s agent insists on 4% and chooses to jeopardize the sale then why can’t the seller pay the extra out of pocket after closing? To be honest where is the seller’s best interest in this scenario? That is pure list agent greed, and we’re seeing more and more of that since August. Thanks to the NAR’s poor leadership.
All commission needs to be known by both sides and needs to be negotiable by both sides all the way up to the closing table. Anything less than this is not ethical nor transparent!