Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime

Let's keep in touch

Subscribe to our newsletter for timely insights and actionable tips on your real estate journey.

By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions
Followed Discussions Followed Categories Followed People Followed Locations
Buying & Selling Real Estate
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated almost 8 years ago on . Most recent reply

User Stats

127
Posts
20
Votes
Kay March
  • Gainesville, FL
20
Votes |
127
Posts

Selling FSBO - buyer's agent now wants to be transaction agent

Kay March
  • Gainesville, FL
Posted

I'm selling a rental house as a FSBO. An agent brought me a buyer. The buyer's agent says that in order for the transaction to proceed, he will transition from being a buyer's agent to being the transaction agent with a 4% commission. I'm assuming that this means the buyer will no longer owe him a commission and I will owe him a 4% seller's commission. Am I correct about that? I've sold as FSBO before, but I always paid 3% while the buyer also paid 3%. I haven't done it the way this agent is proposing to do it, so I'm wondering what others might think about it.

Most Popular Reply

User Stats

9,365
Posts
6,552
Votes
John Thedford#5 Wholesaling Contributor
  • Real Estate Broker
  • Naples, FL
6,552
Votes |
9,365
Posts
John Thedford#5 Wholesaling Contributor
  • Real Estate Broker
  • Naples, FL
Replied

Transaction has no fiduciary duties to a buyer or seller. It is a more limited form of representation, and tells the buyer or seller "hey I am not working on your behalf, I am not representing you, but the transaction and I am working to get this deal done".  

There are three ways to broker a deal:
Transaction brokerage--which is the default
Single agency--which requires the most duties including fiduciary duties, confidentiality, obedience, AND loyalty
No brokerage...which mean they work with a buyer or seller as a non-representative...which only requires dealing honestly and fairly, accounting for all funds, and disclosing all known material facts that affect the property which are not readily observable. 

YOU are paying the commission no matter what the representation is...and whether the other parties' agent is representing the transaction OR acting in a single agency capacity. Because the property was not listed, a transaction brokerage relationship makes sense. They are NOT taking sides...just trying to help the two parties reach an agreement and get it closed. This is why an agent can list a property and sell it too...representing the transaction and not either party. 

Loading replies...

1 2