Buyer's Agents
More info and updates at
https://exptoolkit.com/buyerrepresentation
HOW TO GET PAID AS A BUYER'S AGENT
BAC - Listing agent brokerage negotiates commission and shares it with buyer's agent brokerage
Buyer pays their agent directly as a closing cost
Buyer pays for part and seller pays for part as a closing cost
Seller pays the full commission on behalf of the Buyer at closing
YOU CHOOSE: USE ASSOCIATION FORMS OR EXP FORMS
FAQ's
How do we know which properties are paying seller concessions now?
When helping a buyer client or leasing client (tenant), you’ll see the Y/N information here at the bottom of the listing detail screen.
There is no searchable field in NTREIS for this, so you will have to scroll down to to the bottom of each page's listing details to find the field for Sale and Leases! Sorry!
Also note, that it’s not a REQUIRED field so there will be a lot of listings that will not have anything checked so it won't even show up on the listing at all.
Also, keep in mind that this might be intended for a 2-1 buydown, carpet allowance, paint allowance, etc. It does NOT mean that the seller is paying buyer agent commissions. You will have to talk to the listing agent and make an offer. EVERYTHING IS NEGOTIABLE as long as you help the seller understand their net at closing.
Remember that when you are negotiating an offer, it’s your fiduciary duty to show them all the houses that meet their needs. Sometimes that house may be one that’s not offering concessions publicly, but you can negotiate an offer with the seller that could make it worth their while.
Do what’s in your client’s best interest and help them find the perfect house. The rest is just a math problem!!!
EVERYTHING IS NEGOTIABLE! IT'S JUST A MATH PROBLEM!!!
SAMPLE SCRIPT
Hi Sarah, I’m calling about your listing at 123 Main Street. Did I catch you at a good time?
I am setting up a showing for the home this afternoon and my clients had a few questions.
Are you currently working on any offers/lease applications?
[SHUT UP AND LET THEM TALK TO SEE WHAT THEY SHARE]
Possible follow-up: If they say they are working offers, ask when the seller expects to make a decision or if they are still accepting offers.
Possible follow-up: I don’t want to waste your client’s time or get my client’s hopes up, so do you mind giving me a ballpark of what the offers are coming in at. There’s no need to spend the time putting together an offer that’s not even in the ballpark. I want to make sure that our client makes a reasonable, competitive offer that your seller will entertain.
In making an offer, would you mind telling me what’s important about the offer to the seller? Is it timing, bottom line net, leaseback, or anything else? Where are they going after the house sells?
[MAKE NOTES OF ANYTHING THEY SHARE THAT’S IMPORTANT TO THE SELLER]
3. Is the seller offering any assistance to buyers to help cover the cost of the buyer representation?
If so, how much?
If not, is the seller willing to let the buyer negotiate that as part of the offer?
How does this impact builder contracts and incentives if we’ve already signed a buyer rep agreement? Can I amend the original buyer representation agreement?
Are Buyer Rep Amendments Allowed??? I checked with eXp Corporate and got this answer, YES, you CAN amend the buyer rep agreement by making changes and initialing on the original one. Just keep in mind that you will be having an uphill battle conversation with a buyer saying, I know we agreed that you would pay me X, but since we are visiting a builder and they are paying more, I want the extra money that this builder is shelling out for myself.
To amend, either:
A) do it right on the original signed form and initial changes or
B) Use the single property representation agreement form for that builder before showing
Best practice: In your original buyer rep agreement, use language that allows for variable payments for different types. If you discuss these things at the initial appointment, you will be in better shape. You can put a higher number on the agreement and then charge less. You just can’t earn more than the agreed amount.
If you are working across a variety of types break them out. Resale at x, new construction y etc. You absolutely may do that. See example below.
Buyer Broker compensation cannot be open-ended, nor can it be a range. It must be objectively ascertainable.
For Example:
Allowed - “4%”; “$5000”; “3% Resale properties, 4% new construction, and $750 for properties under $50k purchase price”.
NOT Allowed - “Buyer fee is whatever the Seller is offering”; “Up to $10k”; “1% - 3%; $2500 - $5000.
An example came up, “what if we show the buyer new construction and the builder was paying 3% at the first showing?". Then we go back 2 weeks later and the builder now paying a $5K incentive or 6%. Can we amend?
“On the go back you absolutely can ammend. Be prepared to negotiate the up-charge with the buyer. Do it prior to showing. Keep in mind this is all new territory and we don’t have any “data” about what will happen if you ammend after the showing. That will likely cause issues, but we don’t know yet.”
If the builder does not already have a buyer-agent commission agreement in their contract, you should get the builder to sign the Direct Compensation from Seller form to ensure that you will receive payment.