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Fsbo


Buying A "For Sale By Owner" Property . . . with a Realtor
For Sale By OwnerSome times, when I am working with a buyer, they or I will become aware of a "for sale by owner" property of interest to them.  They almost always have the same question --- how would it work if we wanted to pursue that property?  Here's how I see it . . .

In Virginia (and in most places) when a homeowner decides to sell, and work with a Realtor in doing so, they typically negotiate a percentage of the purchase price that will be paid as a "brokerage fee" at closing.  This brokerage fee (call it 20% of the sales price, for the sake of absurdity, and because there is not a standard brokerage fee) is almost always split between the Realtor (and his/her company) representing the seller, and the Realtor (and his/her company) representing the buyer.  So, in my absurd example, 10% to the seller's Realtor and realty company, and 10% to the buyer's Realtor and realty company.

An interesting byproduct of this typical business practice is that a buyer isn't counting on "paying their Realtor."  As a buyer works with their Realtor to identify, view, evaluate, negotiate and close on a property --- they aren't necessarily thinking "and in addition to buying the house, I'll be paying my Realtor 10% of the sales price."  Here, some people would interject to point out that the buyer pays both Realtors, as they are the ones bringing the money to the transaction --- the seller just brings the house.

And thus, the questions begin when a buyer client becomes interested in a "for sale by owner" property.  As a buyer looks at the sales prices of homes listed by Realtors (for example, $200k), they don't think about having to pay a brokerage fee on top of the price --- since the seller will pay it out of the sales price.  But many "for sale by owner" sellers don't plan on paying a brokerage fee to any Realtors, and thus the sales price they would negotiate doesn't accommodate for the buyer's Realtor being paid.

So . . . if I have been assisting someone in looking for a home, and they decide they want to buy a "for sale by owner" property, here are the options I make available:
  1. We can negotiate the contract with the seller to include a portion of the sales price to be paid as a brokerage fee to the buyer's agent (me).
  2. We can negotiate the contract without the seller paying a brokerage fee, and you would pay my brokerage fee at closing in addition to the sales price.
  3. You can pursue the property "solo" --- without my assistance or representation.
Every buyer makes the decision differently --- and reasonably so. 
6 Comments so far . . .
Frank Borges LL0SA- Broker FranklyRealty.com:
Interesting.
So even if you have been helping the client for 3 months, and you have an exclusive buyer agency agreement, you would be ok with letting them go solo?

I think you are a better man then me.

Frank
March 3, 2008 4:44 pm

Scott:
Frank --- good question. I sometimes I use exclusive buyer agency agreements, sometimes not. Great point, bringing that up. I'll need to cover that at some point here on my blog.
March 3, 2008 10:16 pm

fsbo:
AS the fsbo is becoming more and more popular now days, very less people are opting realtor as a medium to sell their house, who want to give extra money to realtor if they can sell their home without realtor and save 5-7%
May 26, 2008 8:04 am

Scott:
fsbo --- I hadn't seen those statistics that the fsbo is becoming more and more popular these days. Interesting thought.
May 26, 2008 9:00 am

Josh:
Why would a buyer do 1 or 2 if there's no exclusive contract? Yes, I understand the sense of obligation to your agent and the desire to help them out, but the buyer and agent don't control the market.

Two examples:

I ended up buying a FSBO property after having worked with an agent for a while. I felt bad(awful) about it, but that's just how things worked out. I bought my agent a gift certificate as a small token of appreciation and he will most likely get my business in the future.

Down my street, someone bought a FSBO property after having worked with an agent. They essentially tacked a few $K onto the price and that money went towards agents.

How common are exclusive buyer agency agreements?
May 27, 2008 3:33 pm

Scott:
Great questions Josh -- thanks -- this will probably lead to another post about buyer agency.

>> Why would a buyer do 1 or 2 if there's no exclusive contract? Yes, I understand the sense of obligation to your agent and the desire to help them out, but the buyer and agent don't control the market.

When buyers do decide to compensate their Realtor when buying a property direct from a homeowner (fsbo), they typicaly decide to do so because either they want to compensate their Realtor for the services provided, or because they want representation and assistance with the negotiation and closing process.

>> How common are exclusive buyer agency agreements?

A great question --- but I don't have any facts or survey data to back up my general understanding. I have talked to a lot of local agents who do NOT use these agreements, and not so many that do.
May 27, 2008 8:19 pm

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