2.
Surveying Your Right to a Full
Commission So
much has changed in our industry over
the past several years. And with these
changes has come a downward pressure on
commissions unlike anything we've ever
experienced. While the market's been hot
for quite sometime now in many different
areas, the sizzle has created a desire
in many people to reduce or eliminate
commissions whenever they can. And this
in turn has caused a great many agents
to feel very frustrated. What's
both interesting and understandable is
that so many principals feel that
offering lower commissions will cause no
negative impact on the ultimate price
that they'll receive for their property.
While this may be true in areas where 6%
is considered a full commission by
agents, and the owner is offering a 5%
commission, it certainly may not be true
when the owner is offering a commission
of only 4%, 3%, or less. The problem,
though, is that owners normally don't
recognize this. They're so focused on
saving on the commission that it can
become the literal manifestation of the
metaphor about being both pennywise and
pound-foolish. And in this situation, a
real estate owner can end up losing a
lot more money by selling their property
for less than they may have received had
they offered a more reasonable
commission in the marketplace instead. In
a market where owners may be thrilled to
have two or three buyers to negotiate
with, they might not realize that they
could have had 5 or 6 buyers instead if
they had offered a full commission or
close to a full commission to all the
agents. If an agent has three properties
they can present to a client, two of
which offer to pay them a 3% co-op
commission, and one that offers them
only a 1 1/2% co-op commission, in what
order do you think the agent will submit
the properties to their client? And if
the client makes an offer on the first
or second property before seeing the
third one, the owner of the third
property may really miss out. So
what are agents supposed to do about all
of this? Unfortunately, telling owners
that they may be costing themselves
money by offering a substandard
commission for their properties is
usually not something that owners will
believe. They tend to think that it's
just a bunch of hot air. So instead, how
about conducting a survey of the agents
in your area and asking them their
opinion on the matter? Or even better,
maybe your real estate association will
want to get involved in conducting a
survey of all the agents in the area. Do
you think maybe that some of the agents
have an opinion or two they'd like to
express about this reduced commission
environment? As
an example, agents can be asked what
their interest level will be towards
showing a new property on the market
based upon the offering commission rate
from the owner. The survey could ask
them whether they'd show a property to
one of their prospects if the offering
commission was 5%, 4%, 3%, or 2%. The
agents would have one individual
response for each level of hypothetical
commission being offered. You could even
include half percentage commission
levels such as 4 1/2% and 3 1/2% also if
you thought it would bring value to the
survey. And in addition, you might ask
these same questions multiple times on
the survey within different price ranges
of properties. For example, more agents
may be willing to show a $1,500,000.00
property to their clients when a 3%
commission is offered, as compared with
the number of agents who may be willing
to show a $500,000.00 property at a 3%
rate. And if you believe it's even more
relevant, you may want to structure the
survey based upon the commissions being
offered on properties to the co-op
agents in the marketplace, as the
commission the listing agents will be
earning themselves may have no impact on
a co-op agent's desire to show a
property. Co-op agents are interested in
the commissions they'll get paid by
successfully closing transactions on
properties, not the commissions that the
listing agents will earn and get paid. And
if you're a buyer or tenant rep agent
working with clients on an exclusive
basis, and your exclusive agreement
calls for your clients to make up the
difference between the commission being
offered by the owner, and the commission
you and your client agreed would be fair
for their transaction, what I've been
discussing here may not be relevant to
you. You're going to receive the
commission you and your client agreed to
no matter what commission is being
offered through the listing agent. But
unfortunately most agents aren't
operating with these agreements in
place. And
if you're wondering whether or not it's
fair for you to not work on properties
that only offer low commission rates to
co-op agents, here's a quote from
Florida real estate attorney Hank
Sorenson on the subject: "Obviously no
business should be required to represent
clients at a loss, and having brokerages
continue to work for ever-decreasing
commission schedules will cause, at some
point, a loss to be sustained by the
brokerage and/or agent because of the
reduced commission schedule. Therefore,
it is up to the individual brokerage or
agent to determine when they are
potentially going to cross this line,
which will result in the agent not
showing a specific property solely due
to the cooperating compensation offered
in the MLS." As
mentioned above, Hank practices real
estate law in Florida, so it's important
that you check with your company, your
real estate association, and the
authority issuing your real estate
license to make sure that you're
practicing both ethically and legally in
your area. And
once you have the survey of the agents
in your area completed, you now have a
document you can show to property owners
who insist on offering a reduced
commission in the marketplace. So when
you hand them a document that says that
92% of all agents surveyed in the area
will show a property if it's listed at a
5% commission, but only 36% of those
same agents will show the property if
it's listed at only a 3 1/2% commission,
you now have more leverage. When
you let the voices of all the agents in
your area speak for you collectively it
might just make your job a little
easier.
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CB Richard Ellis
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