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All Forum Posts by: Shane H.

Shane H. has started 10 posts and replied 410 times.

Quote from @Marcus Auerbach:
Quote from @Shane H.:
Quote from @Peter Tverdov:

The better question is asking the listing agents if they're going to represent a buyer who tries to go to them directly for 0%. I know my answer would be no and I imagine people who try that are going to get screwed because no one is representing them or guiding them with good intentions. 

I see an issue here.. what if the best offer you receive is from a buyer unwilling to pay you?

As a listing agent I pay attention to who the buyers agent is - that's part of my recommendation which offer to choose. A majority of deals that go poorly have a unskilled agent involved. It os always nice to work with a seasoned pro on the other side, because you can count on them to negotiate a reasonable solution for both parties. 

I would assume that roughly half of the deals with an unrepresented buyer will go sideways in some way, so that is a huge risk for a seller.


 Recommend is one thing. Not presenting is another. You’re implying that if you have an offer of $230k I represented and one 190k represented you’re going to refuse the 230k. Are you going to tell your client you won’t work the 230k deal? Or are you not going to tell them about the offer? 

Quote from @John Morgan:
Quote from @Steve K.:
Quote from @John Morgan:

@James Wise

I’ve bought 27 houses using the seller’s agent. I’ll continue.

Last year I had an investor buy one of my listings. They negotiated $30k off the purchase price due to not having their own agent and reducing total commishes by $50k. They told me they had done dozens of deals and would be easy to work with, yada yada yada. Seller was actually also an agent so they were fine with it and said ok. Then buyer proceeded to leave $50k on the table without even realizing it. They would have saved $20k and not have had to do any of the work if they had their own agent. They left the transaction thinking they were the smartest guy in the room though.

I haven't been an agent that long but I've had unrepresented buyers buy a few of my other listings too. Not one of them got a better deal for themselves by not having their own agent (some may have thought that they did, but they didn't). Just some examples of how I've seen unrepresented buyers screw up royally: 

1. Getting stuck with closing costs that the seller normally pays (common).

2. Checking most recent tax year for tax prorations, instead of most recent mill levy (big difference since taxes went up 30-35% last year, $10k screw up I saw in real life by a buyer last year)

3. Missing deadlines (I had an unrepped buyer miss their inspection deadline then ask for a bunch of inspection item concessions after it had passed. Sorry, too late! If you has a buyer's agent you wouldn't have missed that critical deadline.) An agent I know had an unrepped buyer on one of their listings who didn't set up their wire in time for closing, went into default on the contract, and they had a backup buyer who scooped in and bought the property instead. First buyer lost the property and their EM. Buyers agent would have let them know they need to set up the wire well in advance to avoid this.   

3. Not putting the right contingencies in their offer to protect themselves.

4. Not adding the right additional provisions (for example that the seller can't sign a new lease with the tenant prior to closing, I saw this happen and buyer was stuck with a tenant who the seller was friends with, paying way below market rent for 3 years lol). 

5. Saw this one too: buyer's wife bought a new luxury car the day before closing and the car salesman convinced her to finance it, disqualifying them for their loan and making them unable to close, final loan contingency had passed so the EM was split between listing agent and seller. 

6. Wiring money to a scammer overseas instead of the actual owner of the property (this one is getting more and more common, the "seller" steals the identity of the actual seller, and takes the buyers money then disappears). I just protected a buyer from this one recently when they brought me in on their deal with no agents involved as a consultant for a second set of eyes on everything just before closing. The identity theft was pretty elaborate and had gotten all the way through title. Some red flags alerted me because I have seen this scam a ton recently. They would have wired the money to a fake seller. This actually happens a lot! 

A good buyer's agent would have prevented all of the above (good being the operative word). The biggest mistake I see unrepped buyers make though is just not being able to get their offer accepted to begin with because they don't even know where to begin. They usually just send something via email or verbally over the phone that is not even a real offer, no proof of funds or pre-approval letter or anything and just expect the listing agent to do their work for them. Meanwhile someone else with a real offer and a buyer's agent who knows what they're actually doing get's the property locked up. 

I'm glad this approach works for you but you are the exception because 99.9% of buyers haven't done enough deals to do this successfully in my experience. Dual agency is illegal here also, so if a buyer wants to offer on one of my listings, my only fiduciary duty is to my seller and the buyer is getting the short end of the stick because I've done this many times and they have not (must treat the buyer with honesty as a customer, but don't have to point out their mistakes to them). Unrepped buyers are also much less likely to actually close, and the risk of litigation is higher IME. 

Maybe I got lucky with the 27 houses I bought with the listing agents. I’ve been doing this since my first property. It’s not rocket science to figure this out. I come in and make low ball offers within a couple hours after I walk the properties with the listing agents if I like the houses. I take them as is with no inspection or appraisal contingencies. I tell them approximately how much all the big ticket items that look like they need to be replaced within the next 3-5 years. And a ballpark figure for what the rehab will cost me if they need updating. Then text them an insulting low ball offer soon after. I’ve only had one agent ask me for proof of funds. I’ve been rejected or outbid a few times but that’s ok. If the numbers work for me I text them my offer and go from there. The sellers know my hard offer and the number won’t change due to an inspection or appraisal. What they see is what they get and they seem be ok with that since I’ve gotten amazing deals way under market value. I’m only investing in Texas, Missouri and Arkansas so listing agents are allowed to do it all fortunately. Some of us don’t need agents and do just fine. 
I don’t have that many, but I’ve never used another agent… never much cared what the agent was paid except the time I cut the agent out because it was such a low value property an agent would have spiked the deal. They weren’t going to work for 3 or 6%. Doubt 10 would have done it. Lol
Quote from @Peter Tverdov:

The better question is asking the listing agents if they're going to represent a buyer who tries to go to them directly for 0%. I know my answer would be no and I imagine people who try that are going to get screwed because no one is representing them or guiding them with good intentions. 

I see an issue here.. what if the best offer you receive is from a buyer unwilling to pay you?
Quote from @Peter Tverdov:
Quote from @John Morgan:

@James Wise

I’ve bought 27 houses using the seller’s agent. I’ll continue.


 They won't represent you. If I have other offers on the table as a listing agent and you're asking me to represent you for 0% there is nothing else to talk about. Click.

Maybe a long DOM property with no other buyers you get lucky. 27 houses you can afford to pay a buyers agent. 


 So you’re going to turn down a higher offer for your client because he’s not offering to pay you extra? Hmmm I know not you use you as my listing agent! 

Quote from @James Wise:
Quote from @Nick C.:

If an investor doesn't know enough about real estate to navigate through a purchase, that investor probably isn't ready to buy a property as an investment. We should all be using Option B or C. 

Unfortunately the first time/inexperienced retail buyers who actually need a buyer's agent, are the ones who most likely won't be able to afford one. 


 It's not too hard to save up a few grand to pay a buyer agent. So I do not feel bad for 1st time home buyers. They've been getting a free ride for far too long.


The buyer has payed for both agency services the entire time. Change my mind 

Post: NAR Settlement - HOT TAKES

Shane H.Posted
  • Posts 433
  • Votes 208
Quote from @Carlos Ptriawan:
Quote from @Shane H.:
Quote from @Carlos Ptriawan:
Quote from @Shane H.:
Quote from @Bradley Miller:

Are we just going to dump the buyer's agent? I don't think so. Despite the fact that the 2023 Profile of Home Buyers & Sellers survey comes from NAR, I think it is a fairly accurate representation of what is going on in our real estate business. It reveals that although 97% of home buyers search online for their future home, 89% still use a real estate agent to purchase a home. And of those, 87% said they would (73%) or probably would (14%) recommend their agent for future service. These don't look like the kind of numbers where people are just going to dump this valuable resource.

My thoughts are that there will be a change in how buyer's brokers commissions are agreed to. Instead of putting them in the MLS (which will no longer be allowed), they will become part of the offer... much like asking for closing costs. But even before that, a fee will be agreed to between the broker and the buyer for representation with the understanding that the broker will do their best to get the seller to pay as much of that fee as possible.

Of course if the sellers refuse to pay for the buyer's side commission, then the price of the home will need to be negotiated to reflect that, especially in those cases where people push their lending limits to the edge.
People use a buyers agent because it is built it already, not because “it’s a valuable resource.” When they look online and ask for info it sends them to a buyers agent. I specifically have to look up the listing agent and call them direct to avoid this annoyance. And then it’s already built into the listing contract that 6% of the buyers money is going to agents so they often opt for their own instead of dual agency. The end result of this is going to be no change in price for those who forgo an agent, and an increase for those that use one. 

That's the ultimate objective of NAR lawsuit.

To increase home prices? Lol

 No the other way around lol


 Why would it be the other way? Lol the buyer always paid both fees. Try well continue to pay both fees. No changes. The fees are already factored in by anyone who’s not a moron. Seller and buyer… that number won’t change. Just the way it’s written on the settlement sheet. 

Post: NAR Settlement - HOT TAKES

Shane H.Posted
  • Posts 433
  • Votes 208
Quote from @Bradley Miller:
Shane- I can only speak for my state when I say that you can certainly represent yourself. There is no automatic 6% (actually that is not the norm in our area anyway). Or you can hire an attorney to represent you. It's just not as easy as most people think. The reason brokers don't like to do dual agency is not because they are trying to perpetuate a scam on the public, it's because it's difficult to have a fiduciary relationship with both parties (i.e., trying to get the most money for the seller and the best deal for the buyer). But in our area some real estate agents do represent both sides anyway and may even give a break on their commissions when doing so. Plus there are plenty of discount brokerages around who will work for a reduced commission (e.g., Redfin).
While it may not always be 6%, this is exactly what the lawsuit was about. So if you were not already doing it that way it should have 0 effect on you. The whole point of this was the 6% that was locked in by the seller that the buyer has to pay. 

Post: NAR Settlement - HOT TAKES

Shane H.Posted
  • Posts 433
  • Votes 208
Quote from @Devin Scott:
Quote from @Shane H.:

I think the whole thing is irrelevant. Prices aren’t going to go down. Are you seriously going to list a house for 145,500 instead of 150k because of this? Lol I expect an increase in overall cost. The only way it’s going to drive prices down is if buyers agents (like all of them not just one here or there) encourage buyers to make offers accordingly. I don’t see it… the fact of the matter is that buyers have always paid both sides of the fees. That hasn’t changed. This situation is the equivalent of a store listing sales tax in the price one day and not the next. Except in real estate the price is already so murky it won’t be as noticeable. 


 Prices aren't just determined by list price.  Buyers won't be able to pay as much across the board because they need to cover their own agent fees.  Hmm, what could that do to prices...


 If that’s what you mean by going down then sure… but they’ll still ask 150k and if the buyer forgoes an agent they’ll sell for 150k and pay the sellers agent. If the buyer uses an agent they’ll offer 145500….

Post: NAR Settlement - HOT TAKES

Shane H.Posted
  • Posts 433
  • Votes 208
Quote from @Devin Scott:
Quote from @Shane H.:

I think the whole thing is irrelevant. Prices aren’t going to go down. Are you seriously going to list a house for 145,500 instead of 150k because of this? Lol I expect an increase in overall cost. The only way it’s going to drive prices down is if buyers agents (like all of them not just one here or there) encourage buyers to make offers accordingly. I don’t see it… the fact of the matter is that buyers have always paid both sides of the fees. That hasn’t changed. This situation is the equivalent of a store listing sales tax in the price one day and not the next. Except in real estate the price is already so murky it won’t be as noticeable. 


 Prices aren't just determined by list price.  Buyers won't be able to pay as much across the board because they need to cover their own agent fees.  Hmm, what could that do to prices...

They already paid both fees. Let’s be real here. 

They will wrap them in the mortgage just like they did before. Like what you’re saying is $150,000 house - $9,000 is $141,000. Or 145,500 - $4,500 is wait… still $141,000?! Lol

Post: NAR Settlement - HOT TAKES

Shane H.Posted
  • Posts 433
  • Votes 208
Quote from @Carlos Ptriawan:
Quote from @Shane H.:
Quote from @Bradley Miller:

Are we just going to dump the buyer's agent? I don't think so. Despite the fact that the 2023 Profile of Home Buyers & Sellers survey comes from NAR, I think it is a fairly accurate representation of what is going on in our real estate business. It reveals that although 97% of home buyers search online for their future home, 89% still use a real estate agent to purchase a home. And of those, 87% said they would (73%) or probably would (14%) recommend their agent for future service. These don't look like the kind of numbers where people are just going to dump this valuable resource.

My thoughts are that there will be a change in how buyer's brokers commissions are agreed to. Instead of putting them in the MLS (which will no longer be allowed), they will become part of the offer... much like asking for closing costs. But even before that, a fee will be agreed to between the broker and the buyer for representation with the understanding that the broker will do their best to get the seller to pay as much of that fee as possible.

Of course if the sellers refuse to pay for the buyer's side commission, then the price of the home will need to be negotiated to reflect that, especially in those cases where people push their lending limits to the edge.
People use a buyers agent because it is built it already, not because “it’s a valuable resource.” When they look online and ask for info it sends them to a buyers agent. I specifically have to look up the listing agent and call them direct to avoid this annoyance. And then it’s already built into the listing contract that 6% of the buyers money is going to agents so they often opt for their own instead of dual agency. The end result of this is going to be no change in price for those who forgo an agent, and an increase for those that use one. 

That's the ultimate objective of NAR lawsuit.

To increase home prices? Lol