You can take several steps to protect your real estate agent commissions. One of them is to start the conversation about the commission at the beginning of your initial appointment. This will allow you to establish value before discussing the commission. Moreover, you can also use the procuring cause doctrine to negotiate a lower realtor fee.
Double-Ending a Deal to Protect Real Estate Agent Commissions
Often real estate agents will double-end a deal to protect their commissions. The large commission makes them feel obligated to work for a discounted rate. Besides, it’s difficult for one agent to satisfy the needs of both the buyer and seller at the same time. As a result, double-ending a deal to protect real estate agent commissions is not always the best idea. Some states have made this practice illegal.
Double-ending a deal is a controversial practice in real estate. When an agent represents the buyer and the seller in the same transaction, they create an impossible situation for both parties. Ideally, they would negotiate the best price for both parties rather than the lowest. However, this practice is illegal and has been punished in the past. The Real Estate Council of Ontario recently introduced new rules regarding the ethics of double-ending deals and increased the fines for such behavior.
Double-ending a deal can be a very gray area. Ideally, the real estate agent would be the one to submit all offers, but in some cases, the agent may choose not to submit all of them. This is called a “dual agency” transaction.
Negotiating With your Real Estate Agent
When selling your home, you can negotiate with your real estate agent about the commission they receive. There are some exceptions, but you should remember that commission rates are negotiable. You can get a lower commission than other real estate agents if you’re willing to work out an agreement. For example, if you’re a buyer, you can agree on a lower commission for the buyer’s agent based on the total commission you’re paying your listing agent.
Another way to reduce the real estate agent commission is to make sure your home is move-in-ready. This can include renovations, thorough cleaning, reducing clutter, and improving curb appeal. If you’re a seller, you can also offer to host an open house or place a for sale sign on your property yourself. This way, you can get a good idea of what your home is worth.
Another way to protect your real estate agent commissions is to work with an experienced real estate agent. Experienced agents can leverage their experience and technology to lower commission rates. They also have the confidence to sell your home at the highest price. The agent’s knowledge will make the process go more smoothly for you, and you may even be willing to work with you to lower the commission.
Using an Alternative Service to Negotiate Lower Realtor Fees
You can use an alternative service like Lawsuits Threatening Agent Commissions: Moehrl v. NAR to negotiate lower fees if you want to protect your real estate agent commissions. These companies are owned by brokers and share the Multiple Listing Service (MLS), allowing agents to see all available properties quickly. The commission rates of real estate agents depend on several factors. During hot markets, they might be more willing to negotiate.
Real estate agents do not have a flat fee; they will negotiate their fees for the sale of a home with the seller. By negotiating their fees, consumers can save thousands of dollars. They can do so by doing a little market research and conversing with the realtors. However, if you’re unsure how to start the conversation, you can always use a free service to match you with a local agent.
A seller’s market is characterized by low inventory and many home buyers. In a strong seller’s market, homes usually sell quickly and for above the asking price. This is good for the seller and the real estate agent. However, a buyer’s market will emerge if the market is slow. In this case, agents will be more likely to accept fewer commissions and therefore prolong the process of selling a home.
Using the Procuring Cause Doctrine
Using the procuring cause doctrine to protect your real estate agent commissions is a legal defense against claims that a real estate broker owes the buyer an uncompensated commission. It is based on a comprehensive analysis of all circumstances in a given case. The Central Mississippi Realtor’s Association has issued a quick reference paper highlighting the main issues concerning procuring cause.
The procuring cause doctrine protects a real estate agent from a loss of commission arising from a breach of contract. If a real estate agent is held liable for a breach of contract, they can recover the computed commission, interest, and punitive damages. Additionally, the procuring cause doctrine protects the broker’s attorney’s fees and costs.
The procuring cause doctrine is very important in real estate transactions. If the listing agent can establish that the buyer purchased the property due to the agent’s work, the agent may still be entitled to the commission even if the listing agreement has expired. In these situations, the seller can’t wait until the listing agreement closes before the listing agent is entitled to the commission.