Monday, April 17, 2017

Real Estate Commission: Is it a Representation Fee OR Marketing Fee?

Around the first of the year, I started seeing properties listed For Sale with "Price NOT Disclosed."

Now, it's one thing to try and keep the sale of a Commercial Real Estate property quiet.  It's another to know what a property is actually worth and list it for sale at that price.

First: Keeping the For Sale aspect quiet usually means the Owner/Seller doesn't want to lose Tenants IF the Tenant finds out the Owner no longer wants to own a specific property.

But, to list a property For sale and NOT have a set selling price in mind, to me, means the Owner/Seller doesn't know what his property is truly worth.  And, for that matter, neither does the Listing Broker.

And when a Listing Broker accepts such a listing, they actually are doing a disservice to us fellow Real Estate Brokers.

Second: the Owner/Seller/Broker compounds the selling problem with the little known and rarely seldom used: "Buyer to Pay Procuring Broker's fee."

C'mon, really?

Recently, I discussed this with another Real Estate Broker.  He said that if the Owner/Seller is trying to maximize his selling price/value, he needs to make the Selling Price open for interpretation. Meaning, he wants a bidding war.

The problem with that is that unless you have a well located property and it is in a high demand area, you are NOT going to garner top dollar.

And if you think going the auction route is going to get you top dollar, think again.  Most auction participants are looking for a steal.  And, I mean a real bottom dollar type of steal.

Then, on top of that, the Owner/Seller doesn't think they should pay a fee to a Procuring Broker who is representing a Buyer.

Wait a minute!  Why not?

Yes, it is widely known throughout the real estate industry that representing the Buyer is NOT a legal representation.  So, why would an Owner/Seller refuse to do so -- when it is common practice throughout the world.

Plus, when a Broker is helping a Buyer procure a property, yes they have a fiduciary duty to deal with the Buyer in an honest and forthright manner.  But, there is no legal representation.  Real Estate Agents/Brokers are NOT Attorneys.  They don't specialize in law.

They specialize in marketing.  So, when  Buyer's Broker brings a Buyer to a property, the Owner/Seller is (usually) paying the Brokers Listing and Selling a fee -- which they usually split 50%/50% for marketing the property.

So when recently, I've run into this scenario where the Owner/Seller believes that he is only entitled to paying a Listing Broker, I then know that the Owner/Seller doesn't understand the real estate commission fee situation-standard.

What to do?

I think that more Real Estate Brokers need to understand that fact to and stick to the normal real estate commission fee practice in their area of operation.

Hey, I didn't start the practice of the Owner/Seller paying a real estate commission that's split between two brokerages; I would just like to be compensated for helping an Owner/Seller sell their property through my marketing expertise.

Your Thoughts?

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