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- Newsgroups: misc.consumers.house
- Path: sparky!uunet!meaddata!dedek
- From: dedek@meaddata.com (Mike Dedek)
- Subject: Re: How to tell a REAL buyer's agent
- References: <1992Nov13.154744.23082@dg-rtp.dg.com> <1e8a5tINN6qg@sixgun.East.Sun.COM> <1992Nov17.172550.4926@dg-rtp.dg.com>
- Sender: news@meaddata.com (Usenet Administrator)
- Organization: Mead Data Central, Dayton OH
- Date: Wed, 18 Nov 1992 15:13:07 GMT
- Message-ID: <1992Nov18.151307.3838@meaddata.com>
- Lines: 44
-
- In several articles, many write:
- |> |> >If the agents are getting paid by the seller to begin with then they aren't
- |> |> >really 'buyers' agents, they're 'selling' agents.
- |> |>
- |> |> If you want to pick nits, there is no such thing as ANY agent being
- |> |> paid by the seller, 100% of the RE fees come out of the buyer's pocket,
- |> |> as they are tacked onto the price of the house.
- |>
- |> You can use exactly the same logic to demonstrate that the agents are getting
- |> paid by the seller, since their fees reduce the amount received by the
- |> seller. Sure, the money doesn't pass through the seller's hands, but it is
-
- Disclaimer: The following applies to _most_ states in the USA.
-
- Legally, the agents are working for and under contract to the seller. Legally,
- they get paid by the seller. If something bizarre happens (like the seller
- arranges to bypass closing and all that stuff, thereby bypassing the agents'
- getting their check), the agents can sue the _seller_ for breach of contract.
- This has nothing to do with the price of the house or whether the agents' fees
- are added to the worth of the house to get selling price or subtracted from it
- to reduce the seller's proceeds.
-
- Legally, for an agent to have a fiduciary responsibility to the buyer, a
- contract must exist between the buyer and the agent. For a contract to be
- valid and binding, some consideration must be given. In this case, the
- buyer must give the agent consideration in return for the work the agent
- will do. This is generally in the form of a lump-sum cash payment, but
- may take other forms including a percentage of the purchase price of the
- house. Sometimes the selling and buying agent will agree to split the
- commission, but to obtain a true buyer's agent his consideration should
- not be connected in any way to the seller's agent's commission.
-
- If I hire a buyer's agent for $2000, and buy a house, I will pay the agent
- $2000. I really don't care whether the seller's contract with his/her agent
- specifies 6%, 3%, or 99% commission. I expect my buyer's agent to get me
- the best possible deal and I'll pay him his money. If the seller's agent
- gives my agent money (i.e., splits commission) then I expect that money
- (providing, of course, I specified it in the contract). The buyer's agent
- will have no right to it as he is working under contract to me for a specified
- consideration ($2000). His responsibility to me includes getting the lowest
- price possible including any "rebates" from the seller's broker.
-
- -Mike
-
-