Tag: Real Estate Commissions

Unlike Most Professionals, Real Estate Agents Work for Free Most of the Time

Most professionals I can think of get paid for the work they perform. Some even charge for estimates, and others, including surgeons, charge even when they fail at what they were hired to do.  

Real estate is different. Most of the time we are giving our services away to customers with only a vague hope of a payday down the road. Sometimes we invest a great deal of money marketing properties that never sell, only to have the seller relist the home at a lower price with another agent who then enjoys a pay day.

I had about 30 closings last year, and I drove 15,000 miles. Do you think I drove 500 miles for each successful closing?  No, I drove most of those miles for buyers and sellers who received my services for free without any compensation for my time and travel.

This is okay with me. I love real estate. When it produces a payday, I know that it makes up for the uncompensated efforts I expended on behalf of other clients.

Occasionally I have a buyer who has me show him or her the exact house he or she wants to buy, and I handle the transaction — one showing, few miles of driving around, one contract written, one inspection handled, one closing attended — earning myself a 5-figure payday. The buyer, seeing how easy it was, might reasonably expect a rebate of my commission. But what about those times I showed a buyer 100 different homes, wrote one or two unsuccessful contracts, only to have that buyer rent instead of buy — or the buyer goes to an open house and buys without me?

A few years ago, I was considering listing 5 acres 30 miles up a canyon for $125,000, but the seller was so uncooperative that I ultimately declined the listing — but not before I had made three trips to the property and on one of those trips did $1,000 damage to my car’s underbody on his jagged culvert!  

Such is the life of a real estate agent. We may seem overpaid when we are paid 5-figure commissions on a transaction, and you may think that’s unfair, but if we didn’t have those closings to make up for all the times we work for free or spend without reimbursement, it might be hard to justify becoming a real estate agent. 

As it is, the average member of the National Association of Realtors earns less than $50,000 in gross commission income per year — before accounting for car, phone, MLS fees, Realtor dues, computer hardware & software, E&O insurance, and more.

Do Agents Inflate the Cost of Buying or Selling a Home with ‘Junk Fees’?

This week’s topic is inspired by an article I read on BusinessInsider.com last week with the catchy headline, “Real estate agents are tacking ludicrous ‘junk fees’ on to every home purchase.”

The article acknowledges that there are many legitimate fees — including title insurance, which is absolutely necessary to protect both the buyer and seller of a home. In Colorado, unlike some states, it’s common for title insurance (the second largest expense after agent commissions) to be deducted from the seller’s proceeds rather than added to the buyer’s costs.

Other necessary expenses paid at closing and not levied by the buyer’s or seller’s brokerage include, for the seller, the fee to record the release of lien for any paid-off mortgage, HOA transfer fees, escrow for the final water bill, half the settlement fee to the title company (typically $300-400), and property taxes for the current year pro-rated to the date of closing.

For the buyer, fees are levied for the buyer’s half of the settlement fee mentioned above, and for recording documents with the county clerk. If the buyer financed the purchase with a loan, there are fees levied by the lender, such as processing & document preparation fees, origination fee (“points”), pre-paid interest from the date of closing through the end of that month, and appraisal (if not paid earlier). In addition, the buyer will be debited at closing for their homeowner’s insurance policy plus 3 months’ escrow of same, and 3 months’ escrow of property taxes.

All of the above are not junk fees, but necessary fees to close on the sale or purchase of a home.  It should be noted that the contract to buy and sell could include provisions moving some of these fees to one side or the other of the transaction. For example, the buyer might offer, in order to win a bidding war, to pay the HOA transfer fees, the full settlement fee, and/or the cost of title insurance. Once I saw a buyer offer to pay the property taxes for the full first year of ownership instead of the seller crediting the buyer with his/her pro-rated share.

So, if all those are necessary fees, what are those “junk fees” complained about in the BusinessLeader.com article? It’s a single fee which some agents began charging their clients years ago. It’s shown on the settlement statement as an “administrative fee.” 

Basically, it’s a transaction fee which larger brokerages in particular began charging their agents to bolster their profits. It could be a flat fee like $300 or it could be a small percentage of the sale price. This fee is deducted from the agent’s share of the commission, but agents are allowed to pass that fee on to their clients, which many have chosen to do. That’s what the article was complaining about, not multiple “junk fees.”

Of course, buyers and sellers, upon signing a listing or buyer agency agreement with their agents, could negotiate not to pay this fee, just as they could negotiate a lower listing commission. But, as you can imagine, this fee slips through without most clients noticing or objecting to it. Myself, I never propose charging my clients for this fee. Call my broker associates or me if you don’t want to pay any junk fees for buying or selling a home.  You can reach any of them on their cell phones by calling 303-302-3636.

Why Wouldn’t a Listing Agent Want to Maximize the Exposure of His Listings?

Although the average real estate agent barely makes a living and either has a second income source or a high-earning spouse, about 10% of agents earn a lot of money — and want to earn even more.

Myself, I make a very good living, as evidenced by the fact that I’m writing this week’s column while Rita and I are on vacation in Prague, capital of the Czech Republic. (I’ll be home by the time this column appears in print.)

But my business model does not involve doing every single thing I can to maximize my personal income. I get more satisfaction from trying to maximize my service to others, including my clients and the unknown readers of this blog. Since long before I became a Realtor, I lived by a motto that has mistakenly been attributed to Confucius. “Concentrate on giving, and the getting will take care of itself.”

My Denver Post column — what newspapers call an “advertorial” — is evidence of that strategy. As a former newspaper journalist trained on the metro desk of The Washington Post in 1968, I decided at the very beginning of my real estate career in 2003 that I’d spend my marketing dollars on buying newspaper space to publish a helpful real estate column.

It has paid off quite well. Unlike every real estate agent I know, I have never made a cold call or prospected in any way to get buyers and sellers to hire me. (This month, I just realized, is the 20th anniversary of getting my real estate license and starting as a broker associate at the Union Blvd. office of Coldwell Banker Residential Brokerage, now called Coldwell Banker Realty for some reason I have yet to learn.)

That column, which also appears in three Jefferson County weekly newspapers, is my sole outreach to potential clients, and every week I get one or more calls from someone who says, in effect, “I’ve been reading your column for many years, knowing the day would come when I’d call you to sell my home. Today’s that day!”

The above is a long-winded way of saying that I’m happy to abide by the Realtor Code of Ethics (and state law) which says I should put clients’ interest ahead of my own. This brings me back to the question posed in this article’s headline.

Last week, members of REcolorado, Denver’s MLS, received an email detailing how easy our MLS has made it to withhold a listing from all syndication, including Zillow, Redfin, and even REcolorado’s own consumer-facing website, www.REcolorado.com.

That email cast its guidance in the context of a seller requesting such limited exposure, but why would any seller give his/her listing agent informed consent to limit the exposure of their home’s listing to only their listing agent’s own website or circle of prospects? I suspect the only reason a listing agent would convince his or her client to approve such a strategy would be to maximize the chance that the agent wouldn’t have to compensate a buyer’s agent, thereby doubling his own commission earnings. That is not what anyone would call putting their clients’ interests ahead of their own.

I Found a Good Website About Downsizing for Retirement

A reader sent me the following message and I checked out his website. I checked it out, and it’s quite thorough and helpful. A couple things to keep in mind when reading it: 1) There is no “standard” real estate commission, but this website quotes a 6% standard commission. I charge 5.6% at most — less if I don’t have to share it with a buyer’s agent and less if I earn a commission on purchasing a replacement home. Also, my top commission for homes over $1 million is 5% with those addition reductions mentioned above. 2) If you use Golden Real Estate, you don’t need to rent a U-Haul for local moving. We provide a free moving truck similar to a large U-Haul, and in some cases we provide free driver and movers, plus free moving boxes, etc. Call for details!

Here’s the message received from a reader of this blog with that recommended website:

My name is Joseph and I work with RetireGuide.com; a free site dedicated to providing accurate, useful information to help today’s seniors fulfill their retirement goals.

We recently published a step-by-step guide to downsizing for seniors or those working towards retirement. Here we cover everything from finances and moving logistics to coping with the emotions that come from parting with a family home. Please feel free to take a look:

https://www.retireguide.com/guides/downsizing-for-retirement/

Thanks, Joseph!

The 2.8% Co-op Commission Is Becoming Less & Less Common  

There’s a term in journalism called “the buried lead,” meaning that the key point of an article doesn’t appear until several paragraphs into it.

Well, last week’s column had a buried lead. You may recall that the headline spoke about the myth of the 6% listing commission. The point of the column was that it’s common for prospective sellers to think there’s a “standard” 6% commission that’s charged by most listing agents. In fact, as I explained, the listing commission is negotiable and has declined over the last 40 years from a 7% commission dictated by the Denver Board of Realtors to listing commissions averaging, according to surveys by the National Association of Realtors (NAR), in the mid-5% range.

What has slowed the decline of the listing commission is the more resilient “co-op” commission paid to buyer’s agents from the listing commission.

Until recently, 2.8% was almost universally offered to buyers’ agents. If listing agents offered less, they ran the risk of limiting the number of showings and contracts they would receive, since the amount of the co-op commission was prominently displayed on the MLS.

What’s now allowing listing commissions to drop to (or even below) 5% has been the freedom that listing agents now feel to offer a smaller co-op commission.

It has been my own practice to list homes for 5.6% because I felt it necessary to offer half of it — 2.8% — to the agent who represents the buyer. With a 2.5% co-op becoming more common (as I showed in last week’s column and as evidenced in the chart below), I’m more comfortable now listing homes, especially higher priced homes, for 5% instead of 5.6%. I believe next year’s survey by NAR will show a big drop in listing commissions, and it will be because of the lowering of co-op commissions.

In addition to being good news for sellers, this is not bad news for listing agents because of the increase in selling prices of listings. Getting 2.5% on a $700,000 transaction pays $3,500 more than getting 2.8% on that same listing when it sold for $500,000 a few years ago.

No Firm Experimented More With Co-op Commissions Than Trelora  

Trelora began as an outspoken anti-Realtor brokerage that also was against paying buyer’s agents a co-op commission. (The name “Trelora” was derived from a scrambling of the word “Realtor.”)  However, Trelora has made an about-face in the last couple of years and is now both a Realtor brokerage and a brokerage that offers 2.5% to 2.8% co-op commissions on its listings.

When it started as a non-Realtor brokerage in 2010, its first 96 listings all advertised a co-op commission of $2.80, an apparent play on the common co-op of 2.80%. Perhaps they wanted buyer agents to misread the co-op on the MLS and only realize later that they had worked for free. 

By April 2013, Trelora had adopted the practice of recommending to sellers a flat co-op of $3,000, although it wasn’t universal because many buyers felt their listings might not get shown if they were too miserly in their compensation offer.  I myself was paid 3% on a listing during this time because the seller told me that he wanted buyer agents to show and sell it knowing they’d earn a commission equivalent to a million-dollar listing. 

Also, during this time, one of my broker associates spoke to a Trelora agent who encouraged him to put into the listing contract that the buyer would pay 2.8% instead of $3,000, and that indeed worked for him, although I’ve been advised since then that inserting an additional provision related to broker compensation was inappropriate.

In mid-2019, Trelora created a separate Realtor firm that operated side-by-side with their original non-Realtor firm for about two years. That non-Realtor firm appears now to have been phased out. Meanwhile, the Realtor firm has listed over 500 homes and has closed 450 of them. Of its first 50 listings, 33 offered 2.8% co-ops, three offered 3% co-ops, and seven offered 2.5% co-ops. Only three of the 50 offered less than 2%. 

The 50 most recent closings reflected the same shift I reported on last week: Only 13 offered 2.8%, 34 offered 2.5%, and none offered less than 2%.

My fellow Realtors will be less surprised by the change in co-op compensation than by Trelora becoming a Realtor brokerage, given its original animus toward Realtors.

We Want to Help Fire Victims Who Want to Relocate, Not Rebuild

If someone you know lost their home in last week’s fires and decides to relocate rather than rebuild, have them call us. Golden Real Estate will rebate 75% of our earned commission to any buyer who lost their home and all their furnishings in the fire, so they can use that money to buy new furnishings. Email Jim@GoldenRealEstate.com for more information.

You can donate, too, at www.CommFound.org.

Email Alerts of New Listings Provide a Good Reason for Listing Your Home on the MLS

Yes, it’s a seller’s market, and maybe you think you don’t need to hire an agent to put your home on the MLS, but the opposite is true. Take, for example, the listing which was featured in this space last week. For 7 days it was listed as “Coming Soon” on our MLS, REcolorado, during which time it was not visible to non-mem-bers of the MLS (i.e., buyers). But that listing was emailed to over 250 buyers who had email alerts set up by their agents. One of those buyers tagged the listing as a “favorite” and another six tagged it as a “possibility.”

Those numbers, however, only reflect buyers who had included “coming soon” among the criteria that would trigger an alert. After the listing changed from “coming soon” to “active” on the MLS, the number of buyers who were alerted jumped to 720 and two more buyers tagged it as a “favorite.”  When a buyer tags a listing as either a “favorite” or a “possibility,” the buyer’s agent gets an email letting him or her know which client liked the listing and may want to see it when it’s “active” and showings are allowed.

These numbers don’t include the buyers who set up their own alerts on Zillow or other consumer-facing sites, including Redfin. Also, those websites don’t display “coming soon” listings until they have been changed to “active.” Thus, buyers who had agents include “coming soon” as a criterion benefited from a 1-week earlier notice of that listing than did any of those buyers who were setting up alerts on their own.

For buyers wanting the earliest alerts of new listings matching their search criteria, please make this a reason to have an agent set up alerts for you instead of setting up alerts on your own.

Knowing the power of MLS alerts should cause any seller to have second thoughts about selling without an agent. It used to be that sellers could hire a “limited service” agent who would put their home on the MLS for a flat fee (say, $300) without performing any other service, but that is now illegal. The Colorado Real Estate Commission has ruled that there are certain minimum services which must be performed by all listing agents. Those services include exercising “reasonable skill and care,” receiving and presenting all offers, disclosing any known material facts about the buyer (such as their ability to close), referring their client to legal and other specialists on topics about which the agent is not qualified, accounting for the receipt of earnest money, and keeping the seller fully informed throughout the transaction. 

Failure to perform those minimum services could subject the agent to discipline up to and including loss of license, which has caused “limited service” listings to disappear. If an agent offers such service to you, you should report them to the Division of Real Estate.

By the way, the Colorado Real Estate Commission has also ruled that it is the duty of all licensees to report known wrong-doing by other licensees, which their competitors are happy to do. We can be disciplined for not performing that duty.

Studies have shown that homes which are listed “for sale by owner” (FSBO) sell for less than ones which are listed by an agent on the MLS, and you can see why, because the more exposure your home has to prospective buyers, the more showings and offers you are likely to receive. And that difference in bottom line proceeds can far exceed the commission you are likely to pay.

Consider this: whether or not you hire a listing agent, you’re still likely to pay the “co-op” commission to the buyer’s agent, which is typically 2.8%. The  average listing commission (which includes that co-op commission) is now around 5.5%, not the 6% everyone tells you. As a result, the savings you might experience from not hiring a listing agent could be about 2.7%, and that is likely less than the increased selling price you might get from listing your home on the MLS with a true “full-service” agent such as my broker associates and myself.

Note: Some brokerages mislead you by promoting a 1% listing commission, but when they get into your home to sign you up, they disclose that the 1% is in addition to the 2.8% that they recommend as the  co-op commission and is increased further if they don’t earn a co-op commission on the purchase of your replacement home. It is also increased if they double-end the sale of your home, meaning that they don’t have to pay that 2.8% co-op commission to the buyer’s agent.

Such deceptive advertising, to me, is reason enough not to hire such a brokerage, but it may be hard for some people to say “no” to an agent they invited into their home with contract in hand.

Unlike such a brokerage, Golden Real Estate tells you upfront that we reduce our listing commission when we double-end the transaction, and we discount it further when you allow us to earn a commission on the purchase of your replacement home.

That said, our final commission might be only 1% or so higher than what you might pay to a discount brokerage, and our version of “full service” is much more complete than theirs.  For starters, we produce narrated videos tours on every listing. Our video tours are not just slideshows with music or un-narrated interactive tours which can be dizzying and annoying. Our narrated tours resemble an actual showing, where the listing agent is walking you through the house, talking all the time, pointing out this or that feature which may not be obvious otherwise. Are those quartz countertops? Are there slide-outs in those base cabinets?  Is that a wood-burning or gas fireplace? We have sold listings to out-of-towners who only “toured” the home on video, not seeing it in person until they flew into town for the inspection. That’s the power of narrated video tours.

NAR’s ‘Clear Cooperation’ Policy Is a First Step at Eliminating Pocket Listings

A “pocket listing” is a property which the listing agent does not put on the MLS, hoping to sell it himself or get it sold by other agents in his office. It’s not typically in the best interest of the seller, since the property is withheld from the full universe of potential buyers.

The organizing principle of the Multi-List System, or MLS, is “cooperation and compensation.” Every real estate agent working in the public arena needs to belong to the local MLS, because it’s only through the MLS that the agent can show and sell that MLS’s listings and be guaranteed the “co-op” commission displayed on the MLS.

A listing agent, naturally, would prefer not to give a big slice of the listing commission to the “cooperat-ing” broker who brings the buyer. He or she would much rather sell the listing, keeping the entire commission for him or herself. Meanwhile, other agents (and their buyers) are upset when they don’t have the opportunity to show a new listing and submit an offer, especially when there are so few listings on the market, as is currently the case.

The National Association of Realtors (NAR) took up the issue of pocket listings last year when it adopted a policy called Clear Cooperation. Essentially the policy says that if an MLS member advertises or promotes a listing in any way — including putting a “coming soon” sign in the yard or mentioning it on social media — that listing must be entered on the MLS within 24 hours. It can be listed as “coming soon” on the MLS, during which time it can’t be shown, including by the listing agent. Once it is shown, it must immediately be changed to “active,” allowing all MLS members to show and sell it.

Unfortunately for sellers, who are the big losers with pocket listings, this policy will never be completely effective. That is evident from the fact that over 7% of listings, by my count, are entered on the MLS only after they are sold. Unless a home remains active on the MLS for 3 or 4 days, it’s unlikely that all potential buyers will have had a chance to compete for it.

You may recall the featured listing in last week’s column. It was listed at $375,000, a price consistent with comparable sales, and we received a full-price offer on the first day. Our policy, however, is to get our sellers to wait four days before going under contract. We had 30 showings and received six offers by day four. By being transparent about the offers received, we were able to bid up the property by  more than $55,000 by day four. We did get an offer $35,000 over listing price on day two, but we waited. Our seller benefited from waiting 2 more days.

Sadly, most listing agents haven’t adopted this practice. They sell their listings too quickly, potentially costing their sellers thousands but also frustrating would-be buyers who might pay more. 

I have calculated that in addition to the 7% of listings being sold with zero days on the MLS, 15% are sold after only 1 or 2 days on the MLS.

One technique for minimizing showings by other agents has been to make a listing “active” but block showings with the showing service. Because the listing is “active,” the listing agent can show the property him or herself without technically violating the clear cooperation policy.

Another technique is the “office exclusive” option.  A listing can be marketed within a brokerage without putting it on the MLS. But once any kind of public marketing takes place, the listing must immediately be put on the MLS as either “coming soon” or “active.”

Fewer Sellers Are Trying “For Sale By Owner” — Here Are Some Reasons Why

There will always be people who are comfortable with selling their home without the assistance of a real estate professional. In 2019, 8% of sellers chose the For Sale By Owner approach. That’s an increased from 2018’s record low of 7%.

Here are some of the things with which you need to be comfortable if you choose the FSBO approach to selling your home.

Commissions: You will save on commissions, but not as much as you probably think. Listing commissions are negotiable, and the average commission is below the 6% you may think it is, and the listing commission includes the “co-op” commission paid to the buyer’s agent. In our market, that co-op commission is typically 2.8%.

Since most buyers choose to be represented by a buyer’s broker, you can expect that you won’t be able to save more than about 3% on commissions. Then you need to calculate whether selling without professional representation of your own is worth that reduced savings.

Net proceeds: It’s possible that you won’t get as high a price for your home without the marketing advantage of being listed on the MLS, which could attract multiple offers and even a bidding war.

Putting aside that bottom-line calculation, here are some other elements to be considered by the unrepresented seller.

Showings: How will you handle showings, including screening those who will be walking through your home? This is handled nicely by ShowingTime, the service utilized by virtually all agents in the Denver market. They make sure that only licensed agents are approved for showings. All licensed agents have been fingerprinted and passed a background check. In two decades of listing homes, I’ve never had an incident of theft or other crime associated with an agent showing of my listings.

Your time: Another consideration is the convenience of showings. Yes, you could purchase a lockbox and allow agent showings when you aren’t home, but you don’t want to give the lockbox code to buyers who don’t have an agent. Someone has to let them in.

Feedback: Another service provided by the showing service (only available to agents) is obtaining feedback after each showing and forwarding it to both seller and agent.

Disclosures: There are strict rules regarding disclosures of “adverse material conditions,” which real estate agents know well. If your home was built before 1978, there’s a 5-figure fine associated with failure to disclose possible lead-based paint hazards in your house, even if the disclosure would say there are no such hazards.

Pricing: Even in a seller’s market, an overpriced home can sit on the market for a long time and end up selling for less than if it were priced correctly in the beginning. Priced correctly, your home may attract competing offers, and an experienced agent (like us at Golden Real Estate) knows how to play those buyers against each other to get you the highest possible price.

“But it’s a seller’s market”: Yes, it’s easier in our long-running seller’s market to sell a single-family home (condos are stalling because of Covid-19), but that makes it all the more important to get your home in front of the full market to stimulate competition, which only a listing agent with access to the MLS can do for you. It’s no surprise that the number of FSBOs has fallen, not risen, because of this dynamic. Your net proceeds, even with a higher commission expense, could be much higher.