Selling Bonus

Is your yard fenced?

by John Rice

If your yard is fenced, do you know who owns it? Like 100% sure? If you are like most people with a fenced in yard, there was fencing on 3 side when you bought your house. Maybe you were told from the previous owner that all or part of it was your’s. But is it?

As a realtor, I advise my sellers NOT to make claim to a fence unless they are the ones who installed it or have some sort of documentation that they own it. I do not claim the fence as part of the property that conveys when listing a home. I simply state in the marketing remarks whether it is fenced or not. Absolutely zero claim of ownership, just that fencing exists.

WHY?

I bought my first house directly from a seller long before I became The LEXpert. I was a 20 something first time buyer who knew nothing. I was told by the seller, Will was his name, that the fencing belonged to him and would be mine with the sale of the home. I never thought about that statement from him again until I came home one day to find not only my dog missing but a large section of white picket fencing gone between my yard and the neighbor on the right. The owner of the home next door was a sweet little old lady who had lived there for 50+ years. When I asked why she removed my fence, she nicely told me that her deceased husband had put that fence up many years ago and she didn’t want it any more. (BTW, we soon found our little mutt named Edwina……which is not used anywhere as a password so no need for hackers to harvest this info.)

If I had any type of documentation that Will had told me the fencing was mine, I could have taken him to court to fill in the fencing void left when the rightful owner removed the fencing.

While I have never again had a similar issue in my 20 year career, I do not want my sellers to possibly be on the hook for buying the next owner a fence. Often being a good realtor is as much about what you prevent from happening as it is about what you make happen.

Winners & Losers of the NAR Settlement (Plus what I think about it)

by John Rice

Let’s get this out of the way first thing. Contrary to what the media and even President Biden has said after waking up from what looked like a great nap, real estate commissions have ALWAYS been negotiable.

Don’t believe the things you are reading in the media. Remember, their goal is to sensationalize news so you will read their article. The journalists assigned the task of telling you about changes in the real estate industry know little about it. They are only experts on the english language and shouldn’t postulate on much beyond that.

Okay, let’s begin with a brief history of how we coupled the commission for both the Listing Realtor and the Buyer’s Realtor.

Back in the olden days, you as a seller would hire a real estate agent to sell your house. They were tasked with finding you a buyer. They didn’t just put it on the market and wait for a buyer’s agent to show it like today. They had to literally procure a buyer for you. I don’t know who is responsible for this revelation, but somebody along the way figured out that some real estate agents had people wanting to buy a house. Just like the old Reese Cup commercials where somebody eating peanut butter crashed into somebody eating chocolate, it was discovered that the process of selling a house went faster if the agent with the house split the commission they charged with the agent who had the buyer. Voila! (Did you see what I said there? The entire commission was paid from the seller to the listing agent. It was the listing agent who agreed to split the commission THEY CHARGED with the buyer’s agent. It was NEVER the seller paying the buyer’s agent commission. It was the listing agent paying the buyer’s agent.)

Over time, this stuck. Early on, BOTH realtors worked for the seller. Even though the agent working with the buyer was helping the buyer, they owed loyalty and a fiduciary duty to the seller. Eventually that changed where we had laws to protect buyers which meant the buyer’s agent only represented the interests of the buyer. To make things easy for all, the MLS (Multi-listing Service) came into existence. We created policies and procedures to create transparency and order to the business of selling houses. One of which was to offer a commission to ANY realtor who produced the buyer for a listing. This was great because it meant the buyer’s agent knew what commission amount the listing agent was willing to offer should their buyer end up purchasing the place. While 3% in my market was the most common offered, there has always been offerings of 2%, 2.5% and even some fixed amounts.

Like all things, nothing last forever. This NAR Settlement is separating the buyer’s agent commission from that of the listing agent’s commission. We will no longer be able to post the commission amount on the MLS. That is really all that has changed.

I will point out that this is not a market driven decision. I don’t think anybody was really complaining about how the process worked. The public didn’t really understand the old way of doing things and I don’t think they will take the time to figure the new method out either. All they know is that it cost money to sell their house just as it costs money to do anything. If you are remodeling your kitchen, do you care that you are only paying your contractor who has separate deals worked out for each of the subcontractors? Why do you pay your contractor this way? Because it is easier for you and you are paying the only person you actually hired. Imagine if instead of paying just the contractor the whole amount, you paid him less but also then had to write checks to the plumber, electrician, cabinet contractor, and countertop person who worked on your house. Do you think it would be cheaper? No, it would be the same total, only you’d be writing more checks.

While I think the next year or so may be choatic, I do not think this will change all that much. We will see if I am wrong. Right now, there is a lack of organization because large brokerages, the NAR and local realtor associations are too afraid to say anything. I think they will try to leave it up to us to figure out. Currently, everybody is trying to figure out a way to benefit from the settlement. Zillow sent out an email saying they are here for us realtors. It wouldn’t surprise me if they are working on a way of creating what is effectively their own MLS. Many agents who expect a mass exodus of agents are working on setting up referrals so departing agents can still make a little money by sending their clients to active agents.

While I am sure average commission amounts might drop slightly, I don’t see that much of a change. Just like that kitchen remodel I mentioned above. In a great economy where there is a lot of work, prices are at the highest. When the economy is bad, your kitchen contractor isn’t going to work for half price. Sure, they will give you their best price. but they won’t take on the job if they can’t make a living.

One of the biggest reasons why I feel it won’t change much is because in every email I have gotten from NAR and my MLS, we have been reminded that while we cannot post an offered commission on the MLS soon, we can post a seller concession. I suspect that the commission will become similar to the way the Master Bedroom became the Primary Bedroom. It’s just a name change. The seller concession will be offered to allow buyer’s to pay their own agent. The amounts may change but the end result is unfazed. So what this might look like is that the listing agent charges a certain commission percentage and the seller offers a certain percentage as a concession to the buyer.

I am sure there will be lots of sellers who will offer no commission to the buyer’s. I am sure there will be agents who will work with these sellers. I also am sure that given enough time, both will realize that it is good to offer a commission/concession to the buyer so their agent gets paid. Why? The goal is to sell the house. How much money did you save if your house didn’t sell? Buyers want their own agent to help them make decisions and navigate the process. If no buyer’s agent can make even a penny from the sale, they simply won’t do it. Then who does the buyer’s agent tasks fall upon? The listing agent. I think in time, the listing agent will want more than their usual commission to do twice the work, which isn’t saving the seller anything.

So, let’s look at who are the Winners and Losers of the settlement:

Biggest winner: The lawyers of Cohen Milstein. Guessing they will get the usual 25-33% of the settlement. I wonder why nobody has ever filed a class action lawsuit against lawyers? They all seem to take the same percentage of a settlement or judgement. Sounds like collusion to me?????

Biggest loser: The National Association of Realtors. I don’t mean loser in the sense of they lost. I meant it more as a pronoun. They let us down. Regardless of whether anybody thinks real estate commissions are too high or not, the fact is that commissions have always been negotiable. They did a poor job of proving that and they are currently doing a pathetic job of helping realtors figure out how to help our sellers and buyers during this crazy time.

Let me add that if the NAR and local realtor associations are not going to help us right now, I see no need for their existence. I can post my listings on zillow, I can get documents from the Kentucky Real Estate Commission and I am sure I can figure out how to keep my lockboxes working. Provide leadership or you become as useful to us as Conferderate era coins.

Winner: Sellers. Not because of anything having to do with the settlement. Sellers have been winning the real estate game for years due to a shortage of houses for sale. Do remember though that nothing lasts forever. I have been in this business for so long that I remember sellers offering bonuses and even as much as 4% commission to the buyer’s agent. See, commissions have always been negotiable…..not everybody realizes that in a bad market the commission could go higher!

Loser: Buyers. You have been thrown under the bus. If you think you might be able to get a house for cheaper now, you will be surprised. You will not. If a seller has a $400k house, they are not going to list it for 97% of that because they want you to benefit. No, they will still sell it for $400k. How do I know? I have worked with several For Sale By Owners over the years. None have offered to sell for less since there is only one realtor to pay.

Loser: Realtors. We now have to figure out how to work for our clients without any organization or direction. We can’t discuss anything in a group or it is considered collusion.

I am anxious to see how all this goes. My predictions may be right. They may be wrong. I am sure I will be blogging about this in the near future as it develops.

Know this though. Regardless of what, it anything, changes. I am still here for my friends and clients. I only work with 3 group of people: Those who are past clients, those who have been referred to me by past clients and friends, and those who find this blog. I’m not really worried how I get paid or how much. If I really wanted to, I could liquidate a few assets and comfortably retire. This month marks my 19th year as a realtor. I plan to keep doing it as long as you all need me.

My response to this always disappoints people

by John Rice

As a realtor, you wouldn’t be surprised that people are always asking me the best way to add value to their homes.

What might surprise you is my response.

There are no improvements or upgrades that get you more than a 100% return. All give pennies on the dollar. I know, you are thinking “Then how do people who flip houses make money?” They make money from buying the house below market value. You already own your house so spending money to sell it and getting back less than you spent is just wasting time. Usually you want to do the least you can do, and the best thing is to address the worst aspects of your home before selling it. If you have worn out carpet, replace it. If you have a rusting light fixture in a bathroom, replace it…..but what is the best bang for the buck in getting top dollar for your house when you are selling it?

The absolute best bang for your buck has always been and will always be a fresh coat of paint.

Fresh paint makes any room automatically feel better and cleaner. Fresh paint can be done in whatever the trendy color is at the moment, which gives your home an updated vibe. Fresh paint can be used to unify all the rooms in your house. Buyers will walk around every room in your home within their 30 minute viewing. Having the same color in all the rooms is soothing and calming. Buyers love that. In a vacant house, all you see in most rooms are 4 walls, a ceiling, a light fixture and the floor. Having 80% of all there is to see be new makes a huge impact.

So there you go! If you are getting ready to sell your home and want to know the wisest way to spend your money in preparation, hit the paint isle at the hardware store.

Will a Selling Bonus help sell your house faster?

by John Rice

I recently had a somebody ask me if I thought it would help their house sell faster if they offered a “Selling Bonus” to the buyer’s agent.

My answer was no.

Selling bonuses use to help back in the days when realtors were the only ones who knew what houses were for sale.  The thought was that you could entice a greedy agent to show and sell your listing because they would make more money.  Today, it is usually the buyer who tells their agent what houses they want to see since they have access to all listings (and thanks to some sites that are not up to date, they also have access to houses that WERE for sale and are no longer available….but that is another blog post.)

Know what I told this person?  To reduce their price.  If they were willing to pay more commission to an agent, why not lower the price by the same amount and offer it to the buyer?

Offering a selling bonus does one thing today:  Since the buyers have access to all listings and pick what they want to see, a seller is really just giving extra money to the agent of the buyer who would have bought the house anyway.

When I show a house that has a selling bonus, I always make a point of telling my buyer before we see it.  Should they end up buying the house, the last thing I want is for them to think it influenced my advice to them.