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#382875 - 07/13/11 07:42 PM offer with out buyer agent
isa&nick Offline
Junior Member

Registered: 07/13/11
Posts: 1
Loc: DE
Need guidance

I made an offer for a house at $450,000 asking price $499,000.(house on the market for 2 months in Delaware) I stipulated that in my offer that i was not having a buyer agent my price reflected 1/2 of the commision back to the seller. (in my mind the seller will keep as much money in their pockets as if some else with a buyer agent will offer $465,000).

Are Seller agent willing to alter their contract (aren't they going to mak the same amount ?)

if they come back with a counter offer what should be my next move ?

Thanks for the help

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#382878 - 07/13/11 09:25 PM Re: offer with out buyer agent [Re: isa&nick]
STEW Offline
Veteran Member

Registered: 08/27/07
Posts: 519
Loc: FLORIDA
Depends on the contract the listing agent has will the owner. The contract may specify they have to pay the listing agent both sides of the commission split if buyer is unrepresented. Honestly, if I had that much money to spend I would be using a very good realtor to put the offer in and negotiate for me. There is so much more than just the contract price to negotiate..theres the entire process of inspections, title issues etc...really doubt you will pay less for the house at the end of the day if you arnt represented by a realtor.

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#382898 - 07/14/11 05:26 AM Re: offer without buyer agent [Re: isa&nick]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 4726
Loc: Vermont's North-East Kingdom
Who's going to do the work of the Selling Agent (Buyer's Agent)? Who prepared the Offer? You?

As STEW implied, the Commission is a function of the Listing Agreement, which is a Contract between the Seller and the Listing Agency. You're NOT a Party to that Contract, and thus, have no voice . . . . and should have NO INFLUENCE.

I hope this is a CASH Offer; the work may be less but you will still be without representation.

Someone will have to pick up the slack and carry you. It will be the Listing Agent. They'll earn the full commission.
_________________________
Dale C. Hittle of GOLDEN RULE PROPERTIES in Glover, Vermont
Where We're Always Striving To Put Together "THE FAIR DEAL"

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#382905 - 07/14/11 07:03 AM Re: offer without buyer agent [Re: isa&nick]
ColoBroker Offline
Major Contributor

Registered: 11/03/07
Posts: 2335
Loc: Northern Colorado
I guess what you should have done is to tell the listing broker you will work with him/her if they would drop their listing commission 1-2% or so which in turn will lower the price. But that's all you can do is ask. If not you will find another agent to represent you. But that's probably to late now. I've had buyers do that to me, but say they already have an agent. Even if it isn't true I usually will lower my commission if I can get both sides. It makes it an easier deal all around.
_________________________


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#382951 - 07/14/11 12:33 PM Re: offer with out buyer agent [Re: isa&nick]
Mark Brian Offline
Member

Registered: 11/08/07
Posts: 452
Loc: South Carolina
Originally Posted By: isa&nick
my price reflected 1/2 of the commision back to the seller.


How do you know how much the commission to the selling agent was?
_________________________
Mark Brian Silver Star Real Estate LLC
Anderson South Carolina
Upstate South Carolina Real Estate

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#382956 - 07/14/11 12:43 PM Re: offer without buyer agent [Re: isa&nick]
broker Offline
Major Contributor

Registered: 08/16/04
Posts: 1979
Loc: Cary, NC
Agents don't like consumers upsetting the statusquo... but they better be prepared for more of this moving forward.

It is reasonable for a buyer who wants to represent themselves to question the compensation paid to the buyers agent if one is not involved since the listing firm likely made the case that the commission is split between the buy side and sell side. Since most sellers are concerned with net proceeds -- while buyers are concerned with net costs -- this buyer makes a logical assumption.

They could always contact the seller directly and state their case to which the listing broker could modify the contract terms to make the deal happen. Not what the listing broker wants but that's part of doing business in this day and age.
_________________________
the real estate industry is changing...

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#382962 - 07/14/11 01:33 PM Re: offer with out buyer agent [Re: isa&nick]
KT Offline
Major Contributor

Registered: 01/18/05
Posts: 1525
Loc: Ohio
Originally Posted By: isa&nick
Need guidance

I made an offer for a house at $450,000 asking price $499,000.(house on the market for 2 months in Delaware) I stipulated that in my offer that i was not having a buyer agent my price reflected 1/2 of the commision back to the seller. (in my mind the seller will keep as much money in their pockets as if some else with a buyer agent will offer $465,000).

Are Seller agent willing to alter their contract (aren't they going to mak the same amount ?)

if they come back with a counter offer what should be my next move ?

Thanks for the help


My bold. Is that even legal?

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#382970 - 07/14/11 02:10 PM Re: offer with out buyer agent [Re: isa&nick]
Maui Offline
Moderator
Veteran Member

Registered: 01/13/10
Posts: 726
Loc: Maui, HI
Isa & Nick, while I understand the logic behind what you did, I think you are missing the fact that commissions are paid by the seller in accordance to the listing agreement (which is completely separate and irrespective from your offer).

If you don't mind me asking, on what information did you base your offer price of $450K? Are there comparable sales that justify the offer?
_________________________
Visit a Maui Blog , then view our ActiveRain page and Maui Wordpress Blog for local events and market stats. View one of the best values of Maui luxury real estate in this Honua Kai Condo For Sale.

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#383134 - 07/15/11 06:01 PM Re: offer with out buyer agent [Re: Maui]
Bay Area Brian Online   content
Member

Registered: 06/09/07
Posts: 477
Isa&Nick

Why are you posting on this site, your wasting time here when you could be out picking so many other people's pockets and for greater amounts, after all it's for a good cause.

But while your here why don't you just offer the listing broker $5,000 to cancel the listing and get them out of the way, and then feel free to offer the seller even more because of your deep concern for the welfare of others.

Like that would happen, or you could find some unlisted property, avoid an agent and save those sellers a ton of money. Or you could get your license and earn the buyers agents fee, and give up your subscription to Scrooge Monthly.

Maybe you can have your doctor fire his nurse and pass the savings on to you.

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#383158 - 07/16/11 12:11 AM Re: offer with out buyer agent [Re: Bay Area Brian]
Tempe REO Guy Offline
Member

Registered: 10/22/09
Posts: 119
Loc: Tempe, AZ
Originally Posted By: Bay Area Brian
Isa&Nick

Why are you posting on this site, your wasting time here when you could be out picking so many other people's pockets and for greater amounts, after all it's for a good cause.

But while your here why don't you just offer the listing broker $5,000 to cancel the listing and get them out of the way, and then feel free to offer the seller even more because of your deep concern for the welfare of others.

Like that would happen, or you could find some unlisted property, avoid an agent and save those sellers a ton of money. Or you could get your license and earn the buyers agents fee, and give up your subscription to Scrooge Monthly.

Maybe you can have your doctor fire his nurse and pass the savings on to you.

Love it!
_________________________
I am a Tempe Real Estate agent specializing in foreclosures and short sales. I also focus on Chandler Real Estate. To search for your next Phoenix home, check out Phoenix MLS to view all homes available in the MLS.
We are hiring. Keep 50% on all leads we refer you.

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