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#314237 - 11/17/09 09:14 PM
should I get a buyers agent?
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Member
Registered: 11/17/09
Posts: 34
Loc: charlotte, NC
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Should I get a buyers agent?
I'm about to put down an offer on a house that was foreclosed on by suntrust bank. It is only 80% done. The inside needs floors, bathrooms kitchen, electical, water, heating added. This means most of the potential buyers will either be offering cash OR they will try to get a construction loan, which I've heard are next to impossible to get. The selling agent claims that there are 3 offers on the home already.
I have a friend with a realtors license that could help me insert an escalation clause in hopes of beating out the competition. I could probably write up But I'm not sure if I should use her because then the bank will have to pay her 3% and that might hurt my chances of getting the property?
I've read conflicting reports on the internet. Some discussions seem to agree with me and say to avoid getting a buyers agents. Other sites say the buyer's agent is a freebee and I would only be cheating myself by not having their expertise.
I'm guessing the truth is somewhere in the middle. In what cases does having a buyer's agent hurt me?
Specifically in my case, where a bank is involved, does a big bank really care to try to get the listing agent to reduce thier typicall 6% comission to 3% if the buyer is not represented by a realestate agent?
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#314239 - 11/17/09 09:24 PM
Re: should I get a buyers agent?
[Re: charlotteNCbuyer]
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Major Contributor
Registered: 01/26/09
Posts: 2961
Loc: Old Dominion
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Sorry to be blunt, but the commission is none of your business. If you want a deal like this, it might be a good idea to write offer through the listing agent. You'll have his attention. Just get your own attorney, your own inspections.
My 2 cents.
A buyers agent can be a good thing, but if you want this house, it might get in your way. Escalation clause would get in the way. You need to offer your highest and best if this is a hot property it will go fast. Don't waste time nickling and diming. I am assuming from your interest it is a great house at a great price.
Edited by Doin' bpose (11/17/09 09:27 PM)
_________________________
Trust your Maker. Watch your manager.
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#314276 - 11/18/09 06:10 AM
Re: should I get a buyers agent?
[Re: Doin' bpose]
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Member
Registered: 11/17/09
Posts: 34
Loc: charlotte, NC
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why would escalation clause get in the way? from reading about it here in the forums it sounds like a good way to beat the competition and not overspend too much.
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#314277 - 11/18/09 07:14 AM
Re: should I get a buyers agent?
[Re: charlotteNCbuyer]
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Member
Registered: 11/17/09
Posts: 34
Loc: charlotte, NC
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this was the escalation clause I found onliine please let me know if you see any things that should be changed. ADDENDUM ESCALATION CLAUSE OF FINAL PURCHASE PRICE
Purchase & Sale Agreement The following is a part of the Purchase and Sale Agreement dated November 17, 2009, between XXX Bank (“Seller”) and John Doe,(“Purchaser”)
XXX Bank hereby agrees to sell the following described real estate commonly described as 100 main Street in no where , USA.
It is agreed between the Seller and Purchaser as follows: 1.This addendum offers to have the final purchase price determined by comparing your offer to all other Purchaser’s Availability of Escalation Provision. Purchaser shall have the right to escalate their purchase price as set forth herein. In such event, Seller shall consider Purchaser's escalated purchase price in comparison to competing offers for the Lot. Purchaser understands that use of an escalation provision does not guarantee that all competing offers will be identical. Purchaser agrees not to offer more than Purchaser is willing to pay for this Lot. Purchaser further agrees that Seller and/or Seller's agent(s) may disclose the terms of Purchaser's offer to others. 2.Escalated Purchase Price. The parties agree that, if Seller has received a competing offer for this Lot with a purchase price, contingencies and other stipulations resulting in a net profit greater than Purchaser's offer, then the purchase price of Purchaser's offer shall be increased to an amount five hundred dollars ($500.00) more than the net profit of the competing offer up to a maximum escalated purchase price of $XXX,000.00. Seller will provide Purchaser with a copy of that higher third party offer as proof. Seller represents and warrants that the third party offer is bona fide. The purchaser listed in the third party offer cannot be related to the seller or listing agent or be employed by them.
Seller’s Initials_________ Purchaser's Initials__________________
3.Seller's Acceptance. Seller’s acceptance of this offer shall not be effective unless it is accompanied by a true and complete copy of any competing offer, including the escalation provision, used to increase the amount of the purchase price offered by the Purchaser herein.
____________________________________________ Purchaser:
____________________________________________ Date:
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#314290 - 11/18/09 09:20 AM
Re: should I get a buyers agent?
[Re: charlotteNCbuyer]
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Major Contributor
Registered: 01/26/09
Posts: 2961
Loc: Old Dominion
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why would escalation clause get in the way? from reading about it here in the forums it sounds like a good way to beat the competition and not overspend too much. As a list agent of reo I think it is a cleaner offer if you put you H and B forth. In my opinion, the escalation clause gets in the way, but it is not my money, so use it if you really place the value of not overspending higher than the value of getting the house. This is what I am talking about...Good luck with that. Corporate sellers do not subordinate themselves like this...just put up you highest and best offer. . Seller's Acceptance. Seller’s acceptance of this offer shall not be effective unless it is accompanied by a true and complete copy of any competing offer, including the escalation provision, used to increase the amount of the purchase price offered by the Purchaser herein.
Edited by Doin' bpose (11/18/09 09:25 AM)
_________________________
Trust your Maker. Watch your manager.
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#314325 - 11/18/09 12:56 PM
Re: should I get a buyers agent?
[Re: Mark Brian]
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Member
Registered: 11/17/09
Posts: 34
Loc: charlotte, NC
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I didn't know there were REO agents that specialized in distressed properties. How would I go about researching who is a good REO to represent me as a buyer's agent?
I havent' gotten one realestate agent to tell me what the downside of having a buyers agent is. With all the advice being so one sided it is leaves one wondering. Maybe I'll search the forums more diligently, there's got to be a good fairsided post somewhere.
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#314328 - 11/18/09 01:11 PM
Re: should I get a buyers agent?
[Re: charlotteNCbuyer]
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Major Contributor
Registered: 01/26/09
Posts: 2961
Loc: Old Dominion
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There is no secret, it is a good deal. It costs you nothing, because you promise to be exclusive to the agent. In turn you get his undivided attn. The downside is you lock yourself in to one agent for the contract term of the agreement.
My other downside was you might get a better shot at the house if you let the list agent work both sides. Some REO agents give preference to their own offers, sad but true. It can be dicey, but you seem to know how to take care of yourself.
_________________________
Trust your Maker. Watch your manager.
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#314602 - 11/20/09 02:28 PM
Re: should I get a buyers agent?
[Re: charlotteNCbuyer]
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Major Contributor
Registered: 07/27/06
Posts: 3699
Loc: Dayton Ohio
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I didn't know there were REO agents that specialized in distressed properties. How would I go about researching who is a good REO to represent me as a buyer's agent?
I havent' gotten one realestate agent to tell me what the downside of having a buyers agent is. With all the advice being so one sided it is leaves one wondering. Maybe I'll search the forums more diligently, there's got to be a good fairsided post somewhere. There realy is no downsode to having a buyers agent? You are not paying them, but get represented. An unethical listing agent may not submit your offer, it happens. It happens with Buyer agents as well. In general, the Listing agent is working for the seller. The Buyers agent is working for the buyer. So if we were married and getting a divorce would you use my attorney? It is your responsibilty to do your due diligance. I'll throw it out there and tell you I will find you an agent who can help you, but, I will collect a referal fee. The answers you have recieved though are from people in the industry, and not telling you what you want to hear.
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#315461 - 11/28/09 12:56 AM
Re: should I get a buyers agent?
[Re: Viktor]
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Junior Member
Registered: 11/27/09
Posts: 7
Loc: Orange County, California
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Tough question but I would say yes given the condition of the home. Keep in mind the listing agent's fidiciary responsibility is to the seller and I tend to think most reo agents are looking to the next deal and might not look out for your best interests.
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