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All Forum Posts by: Eric James

Eric James has started 22 posts and replied 2192 times.

Quote from @Carlos Ptriawan:
Quote from @Duane Alexander:
Quote from @James Wise:
Quote from @Carlos Ptriawan:
Quote from @Dan Mc Donald:

 Yeah but seller can put 0.5 percent buyer agent in private remark 


 They've never not been able to do that.


 The problem is that if you advertise anywhere that you are only paying a buyer agent .5 percent, no buyers agent will show the house. This is another reason why sellers should NOT be the ones setting the buyer’s agent commission. The buyer agent’s commissions should be negotiated between the buyer and the buyer agent and buyer’s agent needs to prove their value to their client to negotiate the highest amount. This system we have now is stupid. 

correct, and since everything is negotiable now, the game would even changing from buyer agent selection. Some broker may be ok to accept less buying commision but decline.

I typically negotiate my buyer commision too but to be extremely honest, only "Asian-born" is typically acceptng less buying agent negotiation, so if they're getting 2.5% and I would get 0.5%, but I mentioned to them I don't ask them to drive me around, I only want disclosure report and I would visit property myself.

The problem with very high hefty buyer agent while buyer agent almost do nothing is very real issue in bay area at least, most buyer agent is just trying to force buyer to submit their bid (and their life) with zero contingency and submit 100k above listing LOL LOL

this regulation would change these mentality for sure, the seller could be more greedy by now lol.

Now because buyer agent and buyer is determined upfront and then seller would have their own metric, these thing would be interesting. I can't wait to see  ReMAX only accepting 2.5% minimum and EXP can afford to live 1.5% ; some brokerage would face foreclosure in long term for sure LOL 

Now wait til one team EXPI is offering give me $10K flat fee or ala carte service, woooshhh, all commision rate is going to the bottom LOL


 Buyers agent commissions have always been negotiable. Despite that, seller's agents were successfully sued for sharing commissions with buyers agents. Now, the only protection seller's agents will have from liability is to not give any commission to buyer's agents.

Quote from @Dan Mc Donald:
Quote from @Steven Zagaris:

Where does it say offering buyer agent commission in the MLS is illegal going forward?

In California we never had a "6% standard commission". In the last 18 years I've taken listings between 3-6% because it was always negotiable. I'm not really sure how this will effect us other than sellers on average paying less per listing.


Too many people are just reading the headlines. For starters, NAR has zero control over what non affiliated MLS's do. The major one in our area, for example (major metropolitan city) will still plan on requiring commissions to be posted in the MLS. NAR isn't the end all be all police for the entire real estate industry, which everyone needs to realize, although they have lots of influence. They can't make paying a buyer's commission illegal on a national scale. It's ridiculous that some people are even saying or thinking that. That would get NAR in even more legal trouble if they tried to do that. All NAR is agreeing to is to not have "affiliated NAR MLS's publish "publicly" the coop commission. Several MLS's have already stated that listing agent can simply post the coop in private remarks, in affiliated disclosures in the MLS or through the showing confirmation. Many listing agents will be doing business as usual if they want to draw the largest pool of buyers, like FHA or
VA. The settlement isn't even a done deal. It's a proposal.


I don't think the issue is that every MLS or agency is affected by this judgement. It's that a precedent has been set that could happen to anyone.

Quote from @Christie Gahan:
Quote from @Colleen F.:

One other thing a buyers agent can do is drive a crappy sellers agent so the deal closes. You don't have a choice of the sellers agent and if they are bad slow, drop the ball that is where a buyers agent is effective.  It will be interesting to see how the showing aspect works out.  Probably you elite guys are gonna have to hire people to show your houses for you if you lose all the small volume agents as predicted. 

In the end as long as there are still relators, they will find a way to get at least the same dollars out of the transaction regardless of how this plays out, it is in the markets interest to make the fees less transparent to buyers and make them easy to roll into the transaction. Unless the move to a nation of renters takes over you are still going to see those first time buyers because the government will find a way to keep them there by providing additional assistance in the FHA or state programs loan package.

No one has shared any understanding of how the settlement will be distributed or what it will be used for? or where NAR will get it. Curious on your thoughts on that. Does this mean it is going to get more expensive to be a relator?


 I was thinking that the banks might cover a first time buyer 3% fee but it makes even more sense that the government would do it too.  The government needs money to keep moving to help stimulate the economy and tax revenue.  


 I've heard there's something like that in Australia. Where the government takes a part interest in private home ownership. As they say, the government doesn't like to let a a crisis go to waste. Could be an opportunity for the US government to gain more control by "helping" home buyers.

Quote from @Peter Tverdov:
Quote from @Eric James:
Quote from @Peter Tverdov:
Quote from @Vlad B.:

If I'm selling a property right now, is it worthwhile to hold off until 2H 2024 when fees go down? Property commission is around $23K not including closing costs.

Does anyone have an idea when this will actually be passed and implemented?


 If you want to sell now, sell it. If you brought it up to me and said Pete I don't want to pay the buyer commission I'd say no problem. Let's list at 3-4% and let me get to work. That's it. if the house is priced right a buyer will pay their commission OR you will get like 50k over asking and in the contract it will say seller pays 2-3% of buyers commission, which you would obviously do. 


 And then it won't appraise at the sale price and seller will have to come up with a lot more cash or cancel the contract.


 Then that buyer doesn't buy the house. If you can't come up with enough cash to pay 2-3% more you probably shouldn't be buying at that price point. Too many buyers in America now, I'm not worried about demand rn if someone cannot perform under contract. 


 Yes, tha may be a broad effect of this. Fewer buyers and lower demand.

Quote from @Peter Tverdov:
Quote from @Vlad B.:

If I'm selling a property right now, is it worthwhile to hold off until 2H 2024 when fees go down? Property commission is around $23K not including closing costs.

Does anyone have an idea when this will actually be passed and implemented?


 If you want to sell now, sell it. If you brought it up to me and said Pete I don't want to pay the buyer commission I'd say no problem. Let's list at 3-4% and let me get to work. That's it. if the house is priced right a buyer will pay their commission OR you will get like 50k over asking and in the contract it will say seller pays 2-3% of buyers commission, which you would obviously do. 


 And then it won't appraise at the sale price and seller will have to come up with a lot more cash or cancel the contract.

Quote from @Chris Seveney:

@James Wise

Hey, I just want to say I was told in another forum post I am mean and it was irresponsible for telling a potential homebuyer who did not have earnest money deposit that if you don’t have the money for earnest money deposit that should not be buying a house

Because a 23 year old living with mommy and daddy’s mansion says they buy all the time with no money down….

So why you trying to kill their dreams -

Lightbulb moment!!!

- when will the gator guru start a new lending program - crocodile lending - you lend to people so they can pay their buyers agent

Ok no one go steal this idea.


 Of course you were told you are mean for saying buyers should have earnest money to buy a house. This is BP. The home of how to get into real estate with no money.

Quote from @Jay Hinrichs:
Quote from @James Wise:
Quote from @Jay Hinrichs:
Quote from @Bruce Lynn:
Quote from @Bill B.:

Sounds like your agent didn't do you any favors.  I normally save my clients thousands on new builds.  They must build way better houses in Vegas than they do in Dallas.  I'll bet in most of the new homes I've sold here, there is thousands of $ worth of rework needed that a buyer without a great realtor would get suckered with as "standard" for the industry.   When the client has a picky and demanding realtor that work gets redone....and most of the inspection callouts get fixed or discounted.   Recently sold resale that was 2 years old.  Now out of the main warranty.  I can tell the seller didn't have a realtor when they bought it and didn't do an inspection and they got to do thousands worth of fixes to sell it to my buyer....and that is all stuff I would have had the builder fix if they would have been my client when they purchased.

well being a broker for 50 years I am still confused what this all means when i started in the business in 75 I only sold land and I never did co op deals I sold my own listings.

as a builder currently half of our sales come from other agents.. My wife sells the others ( which is nice of course). So does this mean we have to remove the BAC ( other brokers commish) from the MLS.. ?? And hope that the buyers find us ?

Bruce I am going to brag a little.. WE had a home inspection yesterday on one of my new builds my wife attended along with her buyer so she is double ending it.. The client was there as well the whole time and he is in the industry Appliances sales.  The Inspector could not find ONE defect or item for us to correct.. Said it was the best built home that he has ever inspected and felt bad charging the buyer the inspection fee .  We usually get a few small items from the inspectors but its nothing like the production builds and I agree what I have seen in TX MS and other southern states.. Just sayin.

But still confused on this ruling.. I am in DC right now so will call the wife and ask her if her brokerage put out a memo today. 

 Big winners in this are going to be Zillow and people like me or @Russell Brazil , elite brokers who have an elite level of skill and  offer an elite level service but expect to be paid accordingly.

Big losers here are going to be the NAR and the mega brokerages like Keller Williams & Re/Max etc....The NAR and these brokerages make their money on the fees collected from the 1,000's & 1,000's & 1,000's of side hustle agents who are producing minimal revenue. Current setup right now is friendly enough for 1,000's & 1,000's of these side hustle agents to pay their dues and fees and give it a go. Granted the annual fail rate is already about 90%, it's easy enough to earn a couple bucks to keep the next crop of hopefuls coming in every year to replace last year's failures. The skill it takes to play the game has increased enough to stop a lot of that so NAR and the mega brokerages are going to have a lot less folks to get those fees from.


 how does the first time home buyer who only has a minimum down and cant afford to pay a buyers broker going to navigate this..  So the buyer looking at 10 houses has no money to hire a buyers agent will end up having to call 10 listing brokers to look at the props they may want to buy .. then the listing brokers are too busy to show them.. ?   Just trying to think through the mechanics of how this will actually play out.  

I am all for the situation we face as builders/owners.. someone comes to my community i spend an hour with them showing them houses.. then 3 hours later their relative who happens to have a license calls and says she/he is writing it up.. that piss's us off..  now we can handle all our own buyers since our product is all in one place. but how are you going to do it with scattered inventory listed all over Cleveland and all these buyers calling you directly that want to view the homes .. I guess you could have your own team and they could go show the homes.. no way you personally are going to be able to do this time management wise.. other wise you wont be able to post on BP you simply wont have the time with all the deals your doing.   Talking to my wife she is not worried as her business is all listings by referrals which is the benefit of a 30 year career and one that is going to wind down in the next few years. 


 If buyers will need to pay an agent out of pocket or forego representation that would seem to mean there will be fewer buyers, which translates to lower demand and prices.

Sounds like you might want to change your lending criteria.

The cities and states where people are moving. But there may be some changes in that over the next couple years as some hot cities cool down.

Post: seller backing out after assignment of contract

Eric JamesPosted
  • Malakoff, TX
  • Posts 2,237
  • Votes 2,450
Quote from @Jay Hinrichs:
Quote from @Eric James:
Quote from @Jay Hinrichs:
Quote from @Stuart Udis:

Thanks for clarifying the deposit and confirming it's in fact specific performance that's of interest.  As Russell and Wayne correctly pointed out, if the wholesaler did not possess the license, and this transaction falls within the legislation's intent there's nothing more you can do. You just shared some additional information concerning the estate's involvement. The fact you learned the children are the ones selling the property through a neighbor and this was not clear in the sales agreement suggests the proper authority might not have even existed to execute the agreement on behalf of the estate in the first place.  Even if all documentation between the estate and wholesaler and wholesaler and your assignment (with proper licensing) were in order and specific performance exists as a remedy under the agreement of sale (that's a lot if if's!), this can take years to resolve and is very costly.  Even if this is perceived as a good deal, and the specific performance remedy were to exist you have to ask yourself is it worth pursuing? Keep in mind, you have no control over the properties care, maintenance or condition while you allow the litigation to play itself out which again can take years to resolve depending on whether appeals are filed (as is normally the case). Additionally,  there's also quite a few many moving parts with a messy fact pattern here. This works against you. 

great advice Stuart and all for free got to love BP..  as an aside I think if the seller went in contract with the wholesaler and then expired.  At least out this way that contract is dead no longer a contract.  So it stops right there.

Secondly you see folks bluster about specific performance on this site all the time and unless there is hundreds of thousands of equity someone is trying to get it rarely is a viable option.  I have done one SP case in my entire 50 years and I won.. but let me lay out the details of how and why.

1. I advanced 50k to pay back taxes..
2. like most contracts for distressed property it was all cash at close.
3. on the closing date I moved in all the cash to buy it  6 figures
4. Seller no shows and goes dark.
5. I try and try but Seller was a massive hoarder and just would not reply.
6. We sue for performance as I did have multiple six figure upside given that it was a demo and build three new homes. And I had 50k at risk.
7. lawsuit takes about 2 years  seller NEVER EVER respond Judge made us go the fully Monty before he would rule. As they don't like to take property from a homeowner.
8. 2 years of litigation was 25k ish. and of course no attorney is going to take this on contingent of success so you have to pay.
9. We finally get the ruling from the judge ordering seller to sign.
10. Seller still refuses and we have to go back into court to get an amended order
11. Title company set to close it but wants a 90 day cooling off period if the seller appeals or something comes up before they will deliver the title and give me insurance.
12. almost 3 year later now we close and get our title insurance so we have also have fines to deal with and 3 more years of tax's
13. Seller still wont move so we have to evict that takes another 6 to 7 months to have the authorities escort them out.

And so in our case about 250k in cash sitting in escrow for 3 years and we finally won :) Tear down houses build three new ones and we still made a nice profit but not as much as if we just closed the darn thing of course.. So how many folks are going to do this because they think they have left 30 or 50k of equity in a deal and are upset. ??? how many people have the cash to let it sit there for years.  Just because you sue for performance the seller does not perform you as the buyer still has to.  these are the little parts most folks miss on the internet .. IE sue the bastards  LOL. Of course this was Oregon law your law could be different.


 It's quite a bit easier in TX. Specific performance suit took about a year and for breach of contract in TX loser pays, so seller paid my legal costs (around $4k).

boy I wish ours went like that..  thats a great outcome.. and back to what I always say this stuff is state specific. did you also have to put the agreed amount of the purchase price into escrow on the closing date or could you just hold your money and prosecute the action ?

I didn't have to make payment until the seller finally went to closing.