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Why do realtors try to claim 6% ownership to all property in the U.S.?


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2012 Jun 6, 1:09pm   53,345 views  114 comments

by EconPete   ➕follow (2)   ignore (2)  

If competition could be restored to the home buying process, transaction costs could be greatly reduced which would connect more buyers and sellers with deals. This claim to 6% ownership of all real-estate causes the market to be sticky, fewer transactions occur as a result. More sales would occur if there wasn’t a 6% barrier between the seller and the buyer, and the purchase price would be lower for the buyer as well.

The housing market would recover faster if home deals could omit this expensive middle man. People should not revert to realty offices when thinking of buying or selling homes. Individuals need to default to internet sites like Zillow.com or other housing sites in order to reduce the market collusion from realtors. The internet is a great device for competition! Now people need to realize that websites can be used to organize home buyers and sellers just like Amazon, Craigslist, or Ebay, without the expensive middleman.

Many people argue that buyers do not pay the fees to the realtor so they should not care if the realtor gets paid. Well due to the fungibility of money, the buyer could have bought the house for 94% of what they paid because that is what the seller was willing to accept for the house. This makes it obvious to see that the seller nominally pays for the realtor fees, but the buyer, in real terms, pays about 6% too much for the home. Not realizing that a realtor’s 6% could be negotiated is a flaw that must not be overlooked.

#housing

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1   elliemae   2012 Jun 6, 1:14pm  

since realtors aren't necessary and don't do shit, bypass them if at all possible.

2   everything   2012 Jun 6, 1:48pm  

Realtors will steer buyers away from FSBO, the last realtor that stopped by told his buyers the cedar siding on my house was asbestos, I don't say anything, between him and the buyer knowing it all, they can pay more, the realtor makes more, the banks make more, it's all good.

3   BoomAndBustCycle   2012 Jun 6, 2:32pm  

Call it Crazy says

Really, people still pay 6%... that so 1990's.....

Exactly, I've seen realtors offering 2% commissions in my neighborhood. Then again, the homes are all $300k-$500K so that's still a sizeable chunk of change. I think REDFIN's commission is 4.0% with a $5500 minimum... So your house has to be atleast over $150K to start seeing real savings.

But once again, the 6% and 7% cost of selling is a myth that is perpetuated by housing bears.

4   The time to sell has passed   2012 Jun 6, 10:19pm  

6% of nothing = "0"

Housing,Autos and pretty much anything optional will have to be reset because Joe/Jane Smith cannot afford to keep them up anymore.

Example A:

2012 Silverado ...Joe see's & Joe likes but he brings home $32K a year and when he looks at the $44K sticker he remembers the home ATM has been shut down since 2008. Silverado sits on lot till paint starts peeling from exposure.

Example B:

2300 SF home...Jane lust after it because #3 is on the way and they have outgrown the 1600 SF , 2 bedroom pad they now own. Jane looks at the flyer and rubs her forehead when she see's the 220K asking price. Jane knows they cannot afford more debt on the 32K Joe makes even if she goes to work making 32K to suppliment Joe's salary... The childcare would eat up her earnings.

Joe & Jane can afford nothing new...NOTHING my friends...and 80% of the American public see Joe & Jane every morning when the look in the mirror.

Time for a reset...

5   Honest Abe   2012 Jun 6, 11:39pm  

Realtors claim 6% ownership to all property in America for the same reasons that slimy lawyers claim 33% ownership and greedy politicians claim 75% ownership of all property in America (25% Federal tax + 5% State tax + 45% Death tax = 75%)

Realtors are kinda dumb to work for so little.

6   EconPete   2012 Jun 7, 12:13am  

E-man says

Another useless post by EconPete. Owners can always, always do a FSBO. No one puts a gun on their head & says they must pay 6%. They chose to engage a realtor for the service.

The point of this post is that the buyer pays the realtor fees in real terms by paying about 6% too much for the home. The buyer has no control over any individual housing sale utilizing a realtor or not. Even if the buyer doesn’t use a buyer’s agent and the home is listed with a seller’s agent, they still pay for the realtor. This is my point! I'm trying to tell sellers to avoid using agents if at all possible to reduce market collusion.

Thanks for not taking the time to understand the post before you deny its validity and make a fool of yourself, again!

7   StoutFiles   2012 Jun 7, 12:13am  

I wish it were this easy, but there are two big problems with this.

1) The majority of FSBO sellers are, by all outward observations, greedy as hell. FSBO houses are always overpriced because they have the "make me move' mentality, they'll just sit until you overpay. They are also cranky when you suggest their house in overpriced, sometimes I'd rather talk to a rat realtor over a clueless, angry house owner.

2) People continue to use Realtors to sell houses, because it's just that thing you do. Until it's heavily advertised that not using them is not that difficult and saves you lots of money, that will just continue. Your best bet as a buyer is to work with the seller's realtor to get the best deal; they'll want the double commission and will likely screw over the buyer to make it happen.

8   theRebel   2012 Jun 7, 12:13am  

Patrick, I've been trying to buy a house for my parents, and I've been thinking about this same ridiculousness.

Let's do something about it instead of just complaining. I'm a software developer and entrepreneur. Anyone interested in teaming up with me to develop some kind of application/website/mobile solution to compete with the realtor?

Patrick, you seem to be tech savvy and also have a keen eye for opportunities. Get in touch with me if you are serious about competing with antiquated customs.

9   Tenpoundbass   2012 Jun 7, 12:26am  

EconPete says

More sales would occur if there wasn’t a 6% barrier between the seller and the buyer, and the purchase price would be lower for the buyer as well.

This is a weak distorted argument. I'm the first one to agree that Realtors aren't needed, and in my experience when I bought in '10. I had a hell of a time getting a realtor to even give me the time of day, if you weren't calling him for his fax number to fax over a signed contract before you even saw the house. That 6% did not hold up the deal though, it was their lack of professionalism and constant price fixing strategies, like talking about multi bidders, when I knew damn well the property in question has been on the market for 27 months.

My biggest gripe with them would also be, you call the number listed in the front of a house, then the Realtor acts aloof, like they can't be bothered with you. You have to then dig up a buyers agent to call him.
You call a buyers agent, and they are more interested in selling properties they've been coddling.

Also buyers agents treat you like slimbag recruiters, you get one shot with them. They represent you on one deal, and if that deal falls though for what ever reason. They stop taking your calls, or answering email.

I had to dig up a commercial realtor I knew from the 80's to help me find a house. After I enlisted his help, I had a signed contract on my house with in a week.

But actually in the end, at closing the selling agent and my buyers agent had to split 3%. There wasn't anything in the deal for them.

I privately gave my friend a few extra hundred dollars to make it worth his while, against the advice of my title lawyer.

10   justme   2012 Jun 7, 12:27am  

Honest Abe says

Realtors claim 6% ownership to all property in America for the same reasons that slimy lawyers claim 33% ownership and greedy politicians claim 75% ownership of all property in America (25% Federal tax + 5% State tax + 45% Death tax = 75%)

Realtors are kinda dumb to work for so little.

Honest Abe == Resident Wingnut. As usual for the wingnuts, facts do not matter at all. When the reality is not sufficient, they just make stuff up.

Some remedial facts and questions to ponder for Abe:

The lawyer 33% is just pure fabrication.

Do you understand the difference between property tax and income tax?

Have you fathomed that we all get something back from the taxes we do pay?

Do you know that hardly anyone pays estate taxes, except the very wealthiest, who have, let is face it, made their wealth on the backs of all other taxpayers?

The difference between Realtors and the government is that Realtors do absolutely nothing useful.

11   elliemae   2012 Jun 7, 2:17am  

StoutFiles says

1) The majority of FSBO sellers are, by all outward observations, greedy as hell. FSBO houses are always overpriced because they have the "make me move' mentality, they'll just sit until you overpay. They are also cranky when you suggest their house in overpriced, sometimes I'd rather talk to a rat realtor over a clueless, angry house owner.

Every seller has a "make me move" mentality. FSBO means that they'll bypass the realtor fee and either pass the savings on to the buyer, or not. It's their choice.

Even if you use a realtor, you still have to deal with the seller. You're crazy if you think that it's worth 6% of the sale of a home in order to not speak with someone. But then again, it's a free world.

If you can find a realtor that can have a reasonable conversation without trying to push you into a sale because they desperately need the commission, more power to you. It's a useless profession that does nothing more than sucks the $ out of people who can't read the newspaper, use the internet, or read FSBO magazines.

StoutFiles says

Your best bet as a buyer is to work with the seller's realtor to get the best deal; they'll want the double commission and will likely screw over the buyer to make it happen.

Your best bet as a buyer is to use a realtor that will likely screw you over to make the sale? Makes absolutely no sense - your best bet is to buy a fsbo.

I have a friend who's a realtor, although she hasn't sold anything in a couple of years. She thinks she's necessary to a sale, and constantly complains about people who look & don't buy or don't want to spend any money. Now is the time to buy - because she desperately needs the commission dollars now.

She brags about ethics and disclosures and all that other shit they taught her in the mail-order school she took 15 years ago... but they're shysters. The only goal of a realtor is to list as many houses as possible so that they can sell some of them. they don't give a shit what the buyer wants and snipe about them behind their backs.

Like printers, realtors aren't even relevent anymore.

12   RentingForHalfTheCost   2012 Jun 7, 2:20am  

So, many just focus on the 6% and argue that it is only 4% and try to put this issue to rest. Nonsense. The fact that someone, who does the same amount of work regardless of the value of the place, gets paid as a percentage of the sale is absurd. Realtors should get paid a fixed amount. Period. I carry around a large wooden percent sign when I go to open houses, and at the mere sight of a realtor I chase them with it. If I ever catch one of them, I'll shove it as far as I can get. :)

13   everything   2012 Jun 7, 2:50am  

I think another reason may be that they have a monopoly on the market. They act like it too.

14   Honest Abe   2012 Jun 7, 3:40am  

Justme says: A realtor does nothing useful but the government does". Hahahaha. The government? Hahaha.

If realtors committed half the financial fraud that government participates in every day, they'd all be in jail.

You whiney libs still haven't figured out the secret. Rather than trying to FORCE an entire industry to change, beat those slick realtors at their own game. Go get your own realtors license and save the 6% yourself - on every deal!!!

Problem solved, now you can go whine about something else.

15   Fitzclarence   2012 Jun 7, 4:32am  

Call it Crazy says

RentingForHalfTheCost says



The fact that someone, who does the same amount of work regardless of the value of the place, gets paid as a percentage of the sale is absurd. Realtors should get paid a fixed amount.


There you go, a smart answer!!


That's what I always think... does a realtor that sells a $600K house deserve DOUBLE commission of a $300K house?? Don't they have to perform the same services regardless of the actual cost??

Perhaps it does cost twice as much ($30K vs. $15K) to sell a $600K house as a $300K house. Maybe there's twice as much marketing and it takes twice as long. I can almost accept that.

But why is the BUYER'S agent's commission also a percentage of the purchase price?

I know that "it's always been done that way", but does it really cost twice as much to help someone BUY a $600K house as a $300K house?

Aren't most of the buyer's agent's costs fixed, regardless of the size of the deal?

16   anonymous   2012 Jun 7, 4:45am  

Buyers actually overpay 6.39%,,,,,in order to cover the 6% commission

I paid a flat fee for my realtwhore,,,,,was less then 1% of purchase price

17   Honest Abe   2012 Jun 7, 4:56am  

errc, you would have saved a lot more if you would have gotten a real estate license. You paid too much.

18   StoutFiles   2012 Jun 7, 5:36am  

elliemae says

Every seller has a "make me move" mentality. FSBO means that they'll bypass the realtor fee and either pass the savings on to the buyer, or not. It's their choice.

A lot of sellers think their house is worth more than it is. While Realtors want to sell the house for more than its worth, they want to sell the house period. It does them no good to be the realtor for a property so overpriced no one will come look at it, and then be dropped in 6 months. Realtors are usually able to convince the seller they won't sell the house at that price and to price it lower.

elliemae says

Your best bet as a buyer is to use a realtor that will likely screw you over to make the sale? Makes absolutely no sense - your best bet is to buy a fsbo.

As a buyer, the sellers agent will usually pick your lower offer over a higher one with a buyer's agent. 3% of 300k is a lot less than 6% of 280k. $9000 vs $16800. It makes perfect sense to have a realtor who wants your lower offer over all the others.

As for the FSBO in my area, it's practically non-existent. A little more if you include the Zillow "Make Me Move" houses, but those are comically overpriced for anyone dumb enough to make an offer.

19   robynfrog   2012 Jun 7, 6:02am  

Honest Abe says

slimy lawyers claim 33% ownership and greedy politicians claim 75% ownership of all property in America (25% Federal tax + 5% State tax + 45% Death tax = 75%)

Um, try to get your facts right. Lawyers only get 33% on cases they take on contingency. That means they take all of the risk, and you pay NOTHING unless they win.

"Death tax" is only paid if your estate is worth over $5 million, and if your estate is worth $5,000,001 dollars, you pay the tax only on that $1. Federal Estate tax is currently 35%, not 45%. Some states have an additional Estate tax, but there is NO state Estate tax in California.

20   REpro   2012 Jun 7, 6:15am  

theRebel says

Let's do something about it instead of just complaining. I'm a software developer and entrepreneur. Anyone interested in teaming up with me to develop some kind of application/website/mobile solution to compete with the realtor?

I was running site to match sellers with buyers for three years to see how its work in real life. We got plenty of inventory searchers but very few posters. We come to conclusion that market is not ready yet. It was easy for stock market brokers, where stock is not treated emotionally, nor invasion in private live. So far 6% commission is implemented to the price regardless who actually pay for it. Often at cost of 2-3 years appreciation or principal paid down.

21   Bruce Ailion   2012 Jun 7, 8:04pm  

If real estate brokerage was easy and profitable, 80% of those licensed would not leave the occupation within 1 year and 90% within 5 years. As one of the 1% in the field longer than 20 years, I can say many agents are paid too much and most good agents are not paid enough. The knowledge, skill and expenses expended on behalf of a client where payment is only made if and when the client is 100% satisfied is a small price to pay. Attorney's charge 25-50% for contingent fee cases. Consumer pay waiters 15-20 percent for a simple service where the waiter has a base salary and perhaps benefits. Truly 6% for professional services is a bargain in the context of other services. Try to get a doctor, accountant, engineer to work with no guarantee of payment. Good luck.

22   StoutFiles   2012 Jun 7, 10:03pm  

Bruce Ailion says

Truly 6% for professional services is a bargain in the context of other services.

Truly professional services? What? What exactly does a Realtor do that is so special?

1) Unlocks doors.
2) Finds houses that are easily found online.
3) Compliments house as you walk through it, attempting to hide flaws with words like cozy.
4) Does paperwork that someone can be hired hourly for.
5) Lies about other offers so you'll pay more money.
6) Takes a % of the house cost instead of a flat fee, regardless of how much work they actually do.
7) Tries to lock you into a contract so you can't escape working with them.

23   Bruce Ailion   2012 Jun 7, 10:24pm  

Stout

It appears you shop for REALTORs based on price and get what you pay for. I provide sellers and buyers expert market analysis. I broadly market the property to tens of thousands of agents and hundreds of thousands of buyers, advice clients how to prepare their home for sale, bring the experience of 4000 successful negotiations and the negotiation skill and knowledge and experience as a licensed attorney. My clients save time and money and are happy paying a professional fee. Many buyers pay a fee above the seller offered commission to be represented by me and my firm because they know the value of professional representation. I am happy to work hourly, no buyer or seller is willing to pay the higher amount that would result from that compensation system.

24   Michinaga   2012 Jun 7, 10:47pm  

The way I look at it, you calculate what you pay the agent, and then ask if his services provided that much value to you.

In my case, buying a $140k condo, my share of the agent's fee (it's split 50/50 here) was about $5000.

Here's what my agent did for me to earn that $5000:

* Accompanied me to seven or eight banks in search of one that would lend me money (we didn't find one, so I had to purchase with cash)

* Accompanied me again to some of those banks to see if one would lend me money to renovate the place before moving in (we found one, and I borrowed $30k and paid it back well in advance of the scheduled end of the loan)

* Did all the research at city hall to obtain past ownership records for my building

* Pulled up past sales in the same building so that I could both get "comps" and estimate how the value will probably change in the coming years

* Explain any RE terminology unfamiliar to the average person, and also explain irregularities in the building's history (they had sold off part of the land to another builder, who put up a second building which raised the ratio of built land to open land on the plot to a number above what the district normally allows, which makes some banks not want to issue a mortgage on the property).

All in all, even though he couldn't get me the mortgage, I think he earned his money, and I'd be happy to do business with him again.

The problem is that it's a fixed percentage rather than an hourly, or service-by-service (mortgage, deed research, post-purchase renovation loan, etc.), charge. Someone who spends hours in city hall doing research and then buys an expensive house at a high price for cash is paying the same fees as someone who has the agent doing all kinds of things and is buying a cheaper house.

RE lawyers already charge a flat fee, don't they? Already we're seeing flat-fee agents and I think in the future we'll see more of them.

25   ELC   2012 Jun 8, 12:00am  

In practice the MLS and Realtors (with all it's faults) still works far better than any FSBO method. That's why most people will always be willing to pay 6% despite advances in internet technology.

I used to work for a FSBO company called BuyOwner.com where the seller could list in the MLS and simultaneously use their extensive FSBO system. They would even refund the ad fee if it ended up selling through the MLS. At least 80% of the listings ended up selling through the MLS, and they sold at a price at least 6% higher since we would always add the commission to the asking price. I saw it happen hundreds of times over with my own eyes.

I started working for BuyOwner after a very bad experience with Realtors selling my home. What attracted me to BuyOwner is the owner told me they hated Realtors and wanted to put them out of business. In reality they were playing both sides. They even paid all the education and agent licensing fees. Doing over 1000 listings taught me what really works. One thing for sure, you are shooting yourself in foot being prejudiced against a system that more than pays for itself.

Do all the FSBO advertising you can and use the MLS, but if the Realtor won't do an open listing send 'em packing. I've found that dealing with Realtors may cost you in terms of grief, but it won't cost you financially in the long run.

26   anonymous   2012 Jun 8, 12:00am  

You want to bitch about being forced to pay exhorbitant fees for virtually nothing in return, look no further then those scam ass title "insurance" companies. Talk about a goddam racket,,,,,

27   investor90   2012 Jun 8, 12:52am  

StoutFiles says

Your best bet as a buyer is to work with the seller's realtor to get the best deal; they'll want the double commission and will likely screw over the buyer to make it happen.

Many buyers believe this so I tested it. Sometimes listing agents will shaft the seller if they know they can get away with it to double their commissions, but sometimes they really screw the buyer for thinking they would do that. So I came up with a "reverse" screw of the listing agent, and it WORKED. Here goes. Buyer buys cheap cell phone from Walmart and requests an area code known to be high priced -- Beverly Hills or San Francisco. Buyer telephones listing agent using this number. Buyer also uses Seinfeld type bogus name like Dr van Norstrand or Art Vandelay. Buyer MUST know value of area by doing research first. I was able to get the listing agent to concede to a 30% mark down in price in only 30 minutes. I told her I "my plane" was leaving in a few hours and wanted to know is she could show me the property. She cancelled her appointments as soon as she believed that money was no issue and that I did not need to sell a house before I could buy one. The walk through took only 5 minutes and I told her I would call next week. She told me EVERYTHING I needed to know about the sellers, the house and she reminded me that she could "help" me buy it at an even lower price if I selected her as my agent. I asked her how much lower and she gave me a figure. Within hours my wife and her realtor called to look at the house. My wife made an offer at the lowest lowball price over 30% below asking! How? my research found that the house had already had an NOD not disclosed by the listing agent and that it had a date set for auction.

The listing agent knew that she would lose all commissions if the house was sold at auction. The bank accepted my lowball offer because I had NO contingencies compared to other much higher offers. Realtors HATE contingencies because it slows down the closing process and they must work more for the same commish. Also one of the main reasons for a sale to fail escrow are the contingencies.

28   investor90   2012 Jun 8, 1:00am  

I forgot, why buy this house? The day it closes I will realize paper equity of about 30% after closing cost expenses. I know that housing prices in this area will drop another 20-30% over the next two years. The price is so low, its difficult to see the price going lower. The cost to build is over three times the selling price. My gain is the rent payments I WILL NOT make over the next two years. BTW my rent = my monthly PITI and the mortgage is a 15 year conventional fixed at 2.7%. In my case, I may have "won", but the sting is still there knowing that Realtors even get one dime for doing nothing more than saying..." and here is the kitchen and here is the living room..." Yeah right.... GET A REAL JOB....!

29   investor90   2012 Jun 8, 1:03am  

BTW My offer price was at 1998 values! Watch these prices collapse!

30   Schizlor   2012 Jun 8, 1:16am  

investor90 says

I told her I "my plane" was leaving in a few hours and wanted to know is she could show me the property. She cancelled her appointments as soon as she believed that money was no issue and that I did not need to sell a house before I could buy one. The walk through took only 5 minutes and I told her I would call next week. She told me EVERYTHING I needed to know about the sellers, the house and she reminded me that she could "help" me buy it at an even lower price if I selected her as my agent. I asked her how much lower and she gave me a figure. Within hours my wife and her realtor called to look at the house. My wife made an offer at the lowest lowball price over 30% below asking! How? my research found that the house had already had an NOD not disclosed by the listing agent and that it had a date set for auction.

He does fine work

31   Enlightenment   2012 Jun 8, 2:25am  

Realtors are jokes. I only need a minimum wage "fast food" worker to unlock the house to show it to me, otherwise I only need the internet to search for a house.

32   Patrick   2012 Jun 8, 2:29am  

theRebel says

Anyone interested in teaming up with me to develop some kind of application/website/mobile solution to compete with the realtor?

How would you get around realtors' refusal to share MLS listings?

33   mike2   2012 Jun 8, 3:22am  

It has been tried and the public is no interested enough to do it. There are tons of websites for the MILS already or similar ones that download from the MILS. People know they are getting a service and are willing to pay the 6% bc it is worth it. There are many Discount RE service companies
that list for 2-3% but the public doesn't use them. They are almost all out of business. Help U sell, Assist to sell, tons of others bareley make a dent in the market. The Public is willing to pay for great knowledge, service, and the help of a professional. Realtors are neeed and are here to stay...sorry you are so upset that others make a decent living.

34   mike2   2012 Jun 8, 3:29am  

Right, then you should do it that way. You have no clue as to what is involved. The public must fee quite different bc they keep the industry going and are willing to pay for the service and expertise of a Realtor despite all the technology around they prefer a Realtor? Technology cost a lot of other jobs but so far the public keeps hiring realtors? Must be a reason that they like.

35   Patrick   2012 Jun 8, 3:42am  

mike2 says

Technology cost a lot of other jobs but so far the public keeps hiring realtors? Must be a reason that they like.

Maybe the public doesn't like realtors, but also doesn't have any real choice about it.

No one ever asks the buyer if he wants to pay the 6%. Buyers are trapped by the system as soon as the seller signs a listing contract. They agents get in the way and hide information for their own profit, without providing any real value.

Agents prevent buyers and sellers from talking directly to each other.

36   FunTime   2012 Jun 8, 3:52am  

mike2 says

It has been tried and the public is no interested enough to do it. There are tons of websites for the MILS already or similar ones that download from the MILS.

Doing this on your own seems very confusing and I've not even tried. Just looking for a sales price for a house is extremely difficult. This is done on purpose to keep the power with people who's incomes depend on housing business. If this information was made easily available, for example if the exact sales price of a house was immediately reported to a public website upon sale, the industry would be a lot more comfortable and easy to understand.

37   PockyClipsNow   2012 Jun 8, 3:56am  

The NAR only gets more powerful. Its far far more likely the nar will get laws passed making FSBO illegal (epecially in CA!).

There are already very real reasons to use an agent and not FSBO one being exposure(most all buyers are chauffered around by a soccer mom/agent so they wont see your FSBO). AND the other main reason is LEGAL - I would bet you could make a decent amount of money buying a FSBO then suing the seller for not following the laws on disclosure (If they fail to give you a letter in writing diclosing the lead paint, asbestos, the land fill 2 miles away, etc etc - EZ money for a CA abulance chasing attorney. If you are an agent you know the laws and you WILL ALWAYS DISCLOSE to protect your own ass and the seller.)

38   drew_eckhardt   2012 Jun 8, 4:15am  

KILLERJANE says

Yeah I hate the 6% fee too but I would want someone representing me. I never met anyone I bought from or sold to. I prefer that, keep emotions / conflicts lower. Same goes for people I rent to, except for one time. It's better to not get to personal with $.

So hire a real-estate lawyer to deal with the legal side and optionally negotiation if that's not your thing.

You may be looking at $250/hour or $62.50 per piece of correspondence with a 15 minute billable increment if you don't negotiate a flat fee with some limits (review and negotiate up to 3 contracts for $400 or whatever).

With three years of training in law school to look after your legal interests he should do a _MUCH_ better job than a Realtor(TM) with their 40 hours of training.

Plus $1000 for an MLS listing and lock box you're spending much, much less than the $6000 you're paying a listing agent for a $200K property or $12,000 on a $400K one.

If you're uncomfortable coming up with your own comps for pricing (ex, you live in a state where transfers aren't a matter of public record, there haven't been recent sales) hire an appraiser for $350 for a walk through (c 2006-2008) or $200 for a drive-by.

My wife and I sold two properties that way, using an appraiser to price one and eyeballing sales records the other. We negotiated for flat fees with the lawyers and talked to the buyers ourselves. With a little staging by her and inexpensive replacement of worn surfaces half a notch better than the competitions' rental/sales grade replacement (we also skipped the popular chocolate chip carpet look which we felt looked like rodent droppings) we exceeded competing Realtors(TM) sales prices and undercut their time on market.

I do doubt you'll avoid giving a selling agent their cut. There aren't many buyers who haven't been convinced that they need an agent, even those who initially come without one at which time you tell them that without an agent you'll knock the selling agent's commission off the sales price and that after paying a few hundred dollars for a lawyer's time to look after their interests they'll still save thousands.

39   investor90   2012 Jun 8, 4:42am  

"How would you get around realtors' refusal to share MLS listings?" Okay I have done a LOT of research on this. First you have to know IF and how the listing agent is doing this. Here are some tips. We both know that this is done ALL the time ( listing agents to working cooperatively with buyers agents). I contacted the state DRE and spoke to an investigator. The main person who gets screwed over is the seller. You need to look at the original MLS listing agreement, and they won't show it to you. What we have is a failure of the listing agent to aggressively market the property. In response, the listing agent can always say that they listed it, so that's proof they tried to market it . They have a point. But an Broker insider told me that there is NO LAW that says that listing agents must answer the telephone or respond to emails. They acknowledged the practice. Also the MLS systems are DESIGNED to help listing agents get away with this and other frauds against the seller and buyer. if you look carefully at the public MLS websites you might no be aware but the LISTING AGENT IS ALWAYS listed---allegedly so the "Biuyers agent" knows who to contact. This is B.S. because the MLS's have a way to show CONFIDENTIAL information such as name of the seller and other details and disclaimers The MLS's could always input listing agent information only here, but they won't because it enables the listing agent to maintain CONTROL over the listing, and this inhibits "aggressive" buyers agents from getting lower prices. Each MLS uses a database that is published to other Realtor websites automatically (example: Realtor.com, Redfin, Zillow etc) But this database program SUBSTITUTES the name of the other realtors AS THE POINT OF CONTACT for the listing. Many buyers do not know about the public MLS sites and think because Joe Blow realtor has this listing on their website that IT IS THEIR LISTING. We know that is usually not the case. If buyers always went to the public MLS sites including Realtor.com FIRST, they would know who the listing agent REALLY is. Another point, if a listing agent attempts to deceive buyers---and many do this--the MLS systems encourage this by the way they are designed. Example: Many buyers AND buyers agents want to AVOID short sales and/Or bank owned REO's. These can be difficult transactions and delay income if any to the agents on the "buy" side. Many agents REFUSE to take on short sales or REO's. but there are now TWO new tyoes of listings by the sly sneaky listing agents. I call these "Stealth short sales" or Stealth REO's. The listing agent initally lists the property as ACTIVE not short and not REO. This loads the database as a "New" listing. All participants in the MLS agreements get this initial listing. After a few hours to even weeks, the listing agent changes the status to its accurate type. For example "active" to "short". This gets them a lot of traffic until it is listed as a "short" sale. But by then, they have generated a lot of leads to go out and try to scoop up any buyers for a dual agency contract. TO THEIR (not the sellers" advantage. Now the buyer if they REALLY know what they are doing might be able to extract enough information from the listing agent---as a possible buyers agent for the buyer. But there are pitfalls. If the listing agent is willing to screw the seller, why aren't they equally willing to screw the buyers? They WILL--if they can. On Short sales and REO's the banks know what is going on. They keep statistics on each listing agent. If they think the listing agent is not aggressive enough or if they notice the buyer is represented bu the listing agent or someone from their office, they might be curious. So one game of listing agents is to "seduce" buyers into thinking that "the buyer" is getting a deal, when it is not true. I have seen this many times. These sales transactions are NOT transparent and the advantage is always to the buyer who has the most accurate information.

Here are some tips: The listing agent will use different telephone numbers and email addresses for their buyers, sellers and everyone else. Look at all the telephone numbers each agent has! I can also play that game! Listing agents may use a WATS line usually 800 but NOT absolutely required. They see all information about the caller. If they don't pick up immediately, they are sure to check the caller ID to find out if it is a buyers agent. They will not return these calls, unless they have a buyer in their pocket for both sides of the deal. Some listing agents have a "third party" answering service screen all calls. They want BUYERS not other agents.

I have more if you want information, I can provide it.

My strategy is to do this:

NEVER GET EMOTIONAL about ANY property.
LEARN EVERYTHING you can about properties BEFORE they are listed. Think about it---there are many ways.
Carefully monitor the new listings---there are some tricks here. Sometimes other buyers (your actual competition) only look at the latest listings- Big mistake. Some listers are able to make a listing look OLD before it is listed. I saw one listing that was NEW--NEVER been listed (last 5 years), however the property was listed "listed over 30 days", how I don't know, but I KNOW it happened. The seller told me. I never use filters on the MLS. Many excellent listings have the following characteristics: Incorrect decsription. The listing will show LESS or lousy "features" ie NO photos, bad out of focus photos, NO indoor photos. They will show 2 bedroom 1 bath 800 sq ft fixer with no photos, when it is initially listed, but it is really a 3,000 sq ft 5 bed 3 bath custom house less than 5 years old. Once the listing agent gets their buyer they change asking and other data so it looks like they did whatever they tell the bank. On the offer I have now in escrow they did this. It was initially listed 35% higher at only 2 bed 2 bath at small sq footage, when it is really a 5 bed 2 bath larger house with a detached 4 car garage NOT listed initially. Dr van Norstrand / art vandelay asked to see this house within hours. I knew the area very well and was waiting for something like this to come on the market. I had my trusty walmart throw away phone set up for our favorite "actor" , and called as at 8 am. No one answered---NOT a surprise. Two minutes later I called a call... " Dr van Norstrand speaking....blah blah I knew EVERYTHING about the area, house and price information ---LOOK AT THE CLOSED SOLDS less then 90 or 30 days, NEVER contingencies, pendings or asking prices. Appraisers only look at closed SOLD's within 1 - 2 miles same type of house etc less than 30-90 days old. I knew this by my research. I acted VERY stupid about real estate, and she asked me the KEY question. Do you have to sell your house to buy this one? No, I need to buy the house to avoid hotel costs when visiting my sick * (fill in the blanks---be creative here). They will be VERY interested in showing you this property...and SHE WAS. But I had to know "value". I told her that I learned this because my sick* fill in the blanks relative has lived in this area many years and they know many people in the community. I am not at liberty to discuss their illness but they will be sick as long as they are alive...of course you understand many illnesses may make others think badly about one.

That cinched it... she cancelled several meetings and called me back on my cell phone while I was "packing my bags at the bed and breakfast preparing for my flight back to " be creative here-- I said Beverly hills.
"Don't mind the rental car"-- I only need it to get to/from the airport" This what Dr van Norstrand would say. I walked through quickly checking my watch frequently and said fine, I hope my wife likes the kitchen, but it seems too small. What was that price again? She dropped the price to the lowest that she thought the bank would accept ( BTW--the house was NOT listed as a short sale at this time). I asked her if I could close in a month so I could invite some family members without the inconvenience and expense of a renting a hotel or B&B and ts costs. I could buy a car and have it available to anyone who wanted to visit old * be creative here.

It took me seconds to figure out if this was a good deal THATS when I found the Notice of Default AND the date of auction (in two weeks! ). I knew I got a crooked listing agent who wanted to close a deal FAST. The bank is small so who cares if she gives away the property. It's unlikely the bank has more listings available. Other agents saw this also.. I AM NOT AN AGENT. But now she has to HIDE from other agents while trying to get an offer from me. Instead, my wife dropped by with her Buyers agent and MY INSTRUCTIONS. The agent told us he would not insult the seller with out offer. But I said how much work is it anyway. He consented, I made my offer with no contingencies "as is" ...and it was accepted within one day! He said we had no chance since there were "...so many higher offers.." But why did we get the offer accepted ? It's all about the DEAL to realtors. Most are lazy and want the most they can for doing no work.

After we got the bank approval, my Realtor asked me what the hell happened. I reminded him he had a legal obligation to represent us.

He agreed and I told him. BTW I had to advise him HOW I wanted to word the offer. He is a top BROKER and did not have a clue.

He did NOT LIKE what I did...why? If he is supposedly representing us and NOT THE SELLER.

Anyway some more tidbits. I used a 15 yr loan for this one, so I don't want ANYTHING to derail the transaction. NO contigerncies AS-IS EXCEPT loan company appraisal ( price is good), but what if the appraiser sees something " or questionable ? I will have the appraisers report TOMORROW, but next Monday I have MY five inspectors at least checking everything...at my cost. NO reports to the loan company, or escrow, or sellers agent. This is for MY EYES ONLY . I have a statutory 17 day rescission period where I can walk for ANY reason. If the estimates of any repairs, termites etc exceed my predetimined amount -- I am assuming - 2% equity loss over next two years. Now all concerned want me to close the deal, the realtors ONLY want to get paid and the loan company knows I can handle any unknown to them repair costs if any. What i don't understand is that while writing the offer I HAD TO DO ALL THE WORK, Where is my so-called representative-buyers agent in all this. I also added other REQUIREMENTS of the seller--and they agreed. ALL PERSONAL PROPERTY to be removed 15 days before close of escrow---target date in ink. Bank liked this one---the target close date. All person to vacate property 15 DAYS before target date close of escrow. Already the seller is freaking out. They need the "cash for keys" which really comes from my down payment to have the cash to move. Too bad for them, so it's HUSTLE timed for last day of the month...how can they rent in the middle of the month? THEIR problem! But I have more-- I ran a Google check on the names of the sellers with keyword "convicted". Paydirt! Now, I am in control , if the sellers start playing games that they can't afford to leave, someone is sick and other excuses, all I have to do is let them know THAT IS KNOW they ( sellers, listing agent and bank) failed to disclose a material fact about the house covered by state law. Serious business. The house is defined UNDER the CALIFORNIA law as "stigmatized" or "insurmountable". ONLY they don't know that I know ...and it is a legally binding requirement they must disclose this in writing, and they have not and I don't think they ever will...because it is "that bad" about the sellers. But I do not care, I want the best house at the lowest price, in fact if they want to GIVE me the house I will take it. ROFL. I told my agent and he freaked out...he said they were breaking the law. The house is only "stigmatized" if it is known. And this will change when I become the owner. I will never have to disclose this when I sell. I don't know it.

40   ELC   2012 Jun 8, 10:01am  


theRebel says

Anyone interested in teaming up with me to develop some kind of application/website/mobile solution to compete with the realtor?

How would you get around realtors' refusal to share MLS listings?

Autodialers! Autodialer can take a phone exchange and dial every number in that exchange. Have it look for sellers. Each line can dial at least 1000 numbers a day.

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