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Most home buyers use a real estate buyer agent or broker to
help find a home, negotiate the contract and handle other
details of buying a home. But before you hire an real estate
buyer agent, learn all you can about the process so you know
what to expect from the professional who will assist you.
You need to be knowledgeable about your legal rights, your
ideal home and neighborhood, your financing needs and options,
and how to evaluate comparable prices.
How Real Estate Agents Are
Paid
Real estate buyer agents work on commission, not salary,
and get paid only after your home search is over, the contract
negotiated and the transaction complete. Under the typical
arrangement, the seller pays the commission to the real estate
agent, and the agent's services are free to the buyer. Most
listing brokers get sellers to pay 5% to 8% of the sales price.
For probate sales, commissions are set by the probate court.
And for more expensive homes, say over $500,000, or in competitive
markets, sellers can sometimes negotiate a lower commission
rate.
Because most real estate transactions involve two brokers
-- one that produces the buyer and one that helps the seller
-- the commission is divided, usually 50-50, between the two
brokerage offices. Then, within each office, the salesperson
who handled the transaction gets a share, usually 50%.
Choosing a Real Estate Buyer
Agent
The agent or broker you choose should be in the full-time
business of selling real estate and should have, ideally,
at least the following five traits: integrity, business sophistication,
experience with the type of services you need, knowledge of
the area where you want to live, and sensitivity to your tastes
and needs.
Get two or three recommendations from friends, family, co-workers
and others you trust. The best referrals come from those who've
recently bought or sold a home.
Ask each agent who's been referred to you to recommend one
or two people (other than themselves) they consider top-notch
agents who can fulfill your needs. It's a question the agent
likely won't expect, but if he or she balks or refuses to answer,
there are plenty of agents who will. Not only can the question
provide you with others to interview, it also tests the agent's
honesty and integrity.
Don't work with an agent you meet at an open house, find in
the Yellow Pages or on the Internet without thoroughly checking
the agent's credentials, experience and practice.
All states regulate and license real estate agents and brokers.
Only agents who meet minimum levels of state-mandated education,
training and testing are licensed. Brokers, who generally oversee
agents, have more training, education and experience. Ask for
proof. The license offers you a layer of consumer protection
should something go wrong.
Legal and Financial Relationships
with Real Estate Brokers
While you may have different options as to the type of legal
relationship you have with an agent or broker, normally the
seller pays the commission of the real estate salesperson
who helps the buyer locate the seller's house. What this means
is that a homebuyer's agent or broker has a built-in conflict
of interest: Unless you've agreed to pay the agent separately,
she won't get paid until you buy a home, and the more you
pay for a house, the bigger the agent's cut.
Beware of dual agency -- that is, an agent, brokerage or company
representing both the buyer and seller. Legal in many states,
dual agency nevertheless comes with an inherent conflict of
interest as the agent attempts to fairly represent two opposing
clients and collect the full commission.
Consider working with a buyer's agent who represents you exclusively
(not both you and the seller) and is more likely to work with
your best interests at heart. He or she will split the total
5% to 8% commission with the listing agent.
If you don't want to pay the going commission, consider a
discount broker who will charge you a reduced commission as
small as 1%. Others offer you a "fee for services" rate.
You select from a menu of services, such as preparing the written
offer, and pay only for those you need. Discount services are
available from franchise operations such as Help-U-Sell as
well as from other independent real estate companies and individual
brokers.
The advantage of hiring a broker by the service or hour is
that you get expert help with no built-in conflict of interest.
The disadvantage is that you may have trouble locating an outstanding
broker who will enter into such an arrangement. Also, you pay
for the hours you use whether or not you buy a house, and you
must do a lot of legwork yourself, such as negotiating with
the seller.
Interviewing Real Estate Agents
Once you've selected several real estate agents, let each
know you want to interview him or her for 45 minutes to an
hour. You can talk in person or on the telephone. Arranging
the interview is a test of the agent's willingness to spend
time with you and his or her punctuality. Ask the broker to
sit in if you interview an agent. That will help you learn
how not just the agent works, but his or her office as well.
During the interview, explain your needs, how you like to
work and what you expect. Ask the agent to speak in plain
English, not industry jargon and acronyms. Let the agent know
you are still learning about the homebuying process.
Here are some of the major issues to discuss:
- The number of homes the agent found for buyers
and sold for sellers.
Don't accept a dollar amount answer. Ask for the addresses
of recent transactions. Scan the list for homes similar
in price to what you can afford. Determine if the homes
are in the general neighborhood or community where you are
buying. If so, get the agent to talk about what you can
expect for your money and the pros and cons of the neighborhood
or community.
- Listings that haven't sold.
Ask why, but don't blame the agent for homes that were overpriced
and sellers who've refused to reduce the price to a fair
market value.
- Names of past clients.
Ask for names of both buyers and sellers who can provide
references.
- Financing.
Ask the agent about mortgages, including special and new
loan programs, creative financing, mortgage brokers and
lenders and other financial details specific to your needs.
Also ask about insurance and taxes.
- Management and communication tools.
The real estate transaction is an esoteric entanglement
of details, tasks and duties. Ask the agent to explain how
he or she gets the job done, both online and off. Inquire
as to how often the agent will report to you on sales activity
or buying leads. You'll have to determine how much is enough
for you, but once a week is a minimum in a stable market.
Daily check-ins could be necessary in a hot market. Ask
to see logs, checklists, worksheets and other tools or documents
the agent uses to keep track of the details from the house
search and financing through negotiating an offer and closing
the deal.
- Representation.
Will the agent act as a dual agent representing sellers
with homes you may want to buy? If he or she is a buyer's
agent, representing you exclusively, ask if a contract with
fees is required. Also ask buyer's agents about fees in
lieu of commissions, the duration of any contracts and other
details.
As you ask questions and discuss your needs, consider how
well the agent listens to your anxieties, fears and concerns.
You want to feel that the agent cares more about your needs
than collecting the commission or making a quota.
Once you've chosen a real estate buyer agent, don't double
dip. Loyalty and time commitment is a two-way street. If your
agent doesn't have your full attention, he or she may reciprocate.
You'll also get a disconcerting array of advice and opinions,
at a time when you need straight talk.
Real Estate Lawyers.com provides a nationwide listing
of real estate lawyers, mortgage brokers and real estate agents
to represent you in your real estate transaction needs. Simply
type in your zip code to find the right real estate professional
near you.
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