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All Forum Posts by: MJ Barnett

MJ Barnett has started 4 posts and replied 66 times.

Post: Advice needed regarding auto insurance policy for agents

MJ BarnettPosted
  • Real Estate Agent
  • Burbank, CA
  • Posts 72
  • Votes 22
Originally posted by @Robin Singh:

Thank you for your replies Patrick and MJ. As per my broker, it is mandatory for Realtors to add their broker as Additional Insured on their auto policy. My broker says that it is mandatory per C.A.R. agreement, clause 11. As, I have mentioned earlier, adding my broker as an Additional Insured will double my insurance costs. I may have to change my auto insurance company or my broker. 

 Which CAR form is he referencing?? And have you read this form and the clause?

Also, it's your choice to join or find a new Brokerage especially if they are being difficult upfront.

MJ

Post: Can I still buy from wholesalers if I'm signed with a realtor?

MJ BarnettPosted
  • Real Estate Agent
  • Burbank, CA
  • Posts 72
  • Votes 22
Originally posted by @Mina Summers:

Hi Everyone - OP here.  Thanks to everyone who has posted thus far.  I thought I'd add a few details that may or may not have an impact on the discussion:

It's not that I don't want my realtor to get paid... I actually would love for her to get paid!  The problem is that most wholesalers I've met thus far are not willing to pay a commission to my agent...... and the numbers don't really work out for me to buy if I have to come up with her commission out of pocket.    

I've been working with her for 8 months, and I have bought one property from her (6 months ago)... however, there has been *nothing* on MLS with a good enough return worth buying since (and I crunch numbers daily on everything that comes out). I started exploring wholesalers recently out of desperation to get any sort of decent return. While in theory, I'd love for her to get paid again, I'm frustrated at the lack of decent returns on MLS properties (not really her fault) yet seem to be unable (?) to work with wholesalers due to the exclusivity agreement she had me sign when I made an offer on a property last month (deal fell through due to huge structural issues with the property where the numbers no longer made sense..... she wouldn't submit the offer until I signed, so I felt I had no choice at the time).....and this exclusivity contract lasts for another 11 entire months. 

It looks like my options are thus:

1) Buy something that only breaks even or is cash flow negative from MLS with my agent (doesn't seem smart to me)

2) Pay my agent commission out of my own pocket for any wholesale properties I buy through wholesalers I find (the numbers don't work out in my favor here, leaving little margin for profit....)

3) Don't buy anything at all until the exclusivity agreement ends ... in another 11 months (this does not seem viable to me either, since that would set me back enormously in my investing goals which include acquiring $X in passive annual cash flow this year)

4) Find a friendly wholesaler who is willing to pay my agent some commission without padding the price 

5) Buy from a wholesaler and legally don't involve my agent. (Is this legal if the wholesaler is a "seller" or "seller's agent" and not a buyer? Would my agent find out?)

6) Buy from a private seller off of Craigslist if there are good deals to be had there (is this case similar to the wholesaler case? would my agent be entitled to a commission if I buy privately off of Craigslist)

--

It sounds like #4 would be the best "win win" for everyone, but I have never heard of a wholesaler willing to pay an agent (without building in the cost ie: charging me a lot more).... have any of you?

#5 would also be good, as long as I'm not running into any legal problems here.

It seems I am stuck between a rock and a hard place due to the lack of deals on MLS that make financial sense and being locked into this agreement until 11 months from now. :( I'm just trying to get in on something - anything - where the numbers make financial sense but that's not happening unless I buy from a wholesaler or off market without my agent, it seems.

Thoughts / advice?

 If you haven't gone into escrow on a property or found one that your interested in at this time then just send in writing to cancel the buyer agreement or ask to have it altered that the agent only be paid on properties that they give you info on. That's how I have seen it work for Investors. This way you can honestly work with wholesaler's or with other investors to get a property at a better deal. Contracts can be canceled mutually. If the Agent doesn't want to cancel then talk with their Broker and explain your opinion.

Post: Can I still buy from wholesalers if I'm signed with a realtor?

MJ BarnettPosted
  • Real Estate Agent
  • Burbank, CA
  • Posts 72
  • Votes 22
Originally posted by @Account Closed:

@MJ Barnett so you feel you should get paid even though you weren't able to find a deal that makes sense for your buyer, and that buyer found a deal on his/her own? Ridiculous.

 Lloyd,

A Realtor works for free in the hopes that you are going to purchase. It is in the Realtor's best interest that they have a Buyer'a agreement signed because it explains that you as a Realtor are actually working for someone each day without pay and hoping to get paid. Many Realtors will work hours and days, weeks, months with a client who then says, oh, I found a house I liked and decided to buy without you because it wasn't something you showed me. However never thinking that the Buyer forgot to mention that they were looking at houses in XYZ town when they asked the Realtor to find the needle in the haystack condo in ABC town. So yes I do. I would assume you have never been a Realtor or worked for someone else before hoping to be paid?

Also, I have had clients who say they are investors and I understand that I am not going to have them sign a Buyer's Agreement and also not spend every moment I have finding them a property. For investors, when I find deals I send them to my investors. Because I know I may never find the right property at the right time for them. 

So, Lloyd, if someone signs a Buyer's Agreement and then buys a property without paying a commission they are breaking the law in that agreement. You may think it's ridiculous though the person if thinking this was the way to go should never have signed the Agreement.

Just my opinion.

Post: New member from California

MJ BarnettPosted
  • Real Estate Agent
  • Burbank, CA
  • Posts 72
  • Votes 22

Josh,

Welcome to BP!

MJ

Post: Can I still buy from wholesalers if I'm signed with a realtor?

MJ BarnettPosted
  • Real Estate Agent
  • Burbank, CA
  • Posts 72
  • Votes 22

Mina,

Re-read the Buyer's agreement. The Agent should be due a commission. The contract is put in place to protect the Agent from doing a lot of work and never getting paid for situations like this. Talk with the Agent and see what they say and understand they have put in good faith time and effort to assist you in buying a home.

Post: Should I use home owners preferred lender

MJ BarnettPosted
  • Real Estate Agent
  • Burbank, CA
  • Posts 72
  • Votes 22

Rohit,

Many times larger Agents require you to be qualified by their lender before accepting your offer. This is to make sure that your lender is not actually lying which believe it or not happens many many times as least in the LA area. Some lenders will even write up a full pre-approval and have only pulled a credit report because they don't want to do any work until the Buyer has opened escrow. They work off the philosophy of quantity verse quality. When I am uncomfortable with a lender I discuss with my seller about countering and requiring the Buyer to be pre-approved by my lender. Though there is no "legal" way to force you to use the Seller or Seller's Agent's lender. Though they can just not accept your offer. I would have your Agent counter back that you will do a cross-qual with their lender and check their rates they are offering which gives you the option to use your own lender and have the "Seller's" lender as back up.

MJ

(Only my opinion based on the info you provided. To protect my license I am only giving my opinion and do not know the full situation :) )

Post: Ground for Eviction?

MJ BarnettPosted
  • Real Estate Agent
  • Burbank, CA
  • Posts 72
  • Votes 22

Kent,

I have always heard that rules are if the landlord accepts payment or cashes the check then it constitutes another month lease. (At least in CA and VA)

Good Luck!

MJ

Post: New Member from California

MJ BarnettPosted
  • Real Estate Agent
  • Burbank, CA
  • Posts 72
  • Votes 22

Claude,

Welcome to BP! I'm located in the Valley.

I hope you have a prosperous New Year!!

Post: Advice needed regarding auto insurance policy for agents

MJ BarnettPosted
  • Real Estate Agent
  • Burbank, CA
  • Posts 72
  • Votes 22

Robin,

I have never heard of a Broker requiring an Agent to have the brokerage on the policy. If you are working as his/her assistant or Buyer's Agent then that would make sense. Though if you are working as an independent contractor as a Realtor then it's not required.

I don't have clients drive in my car though I do have the extra insurance to be on the safe side.

Good Luck,

MJ

Post: Young Investor looking to get ahead

MJ BarnettPosted
  • Real Estate Agent
  • Burbank, CA
  • Posts 72
  • Votes 22

Kenny,

Welcome!! Check out the BP's pod casts! Really great info.

-MJ