Archive for the ‘transaction fees’ Category

Selling Homes in St. Augustine: What is a Transaction Fee, Do All Realtors Have This Fee?

Monday, November 29th, 2010

by Sean Hess (Sean@StAugTeam.com), Broker and Manager for St. Augustine Team Realty (www.StAugustineTeamRealty.com).   Join us on Facebook.

Don't pay a transaction feeMy opinion: a transaction fee is a bullsh*t fee and you shouldn’t pay it.  Find out right away if your agent has a transaction fee, how much it is, and if you’re not in agreement with it get out before you sign anything.

Unfortunately, in most cases it isn’t the agent’s fault but a company that is forcing them to charge the fee. 

Transaction fees came in when the real estate market was hot.  Even though homes were flying off the shelf and cash flow was higher than it had ever been in history, the real estate companies decided that they needed more money.  So they invented the transaction fee.  To be fair, there was a downward pressure on commissions during that time, however, as I mentioned, sales and cash flow had never been higher.  These companies were a bunch of greedy pigs.

So a transaction fee is basically a fee they charge you for doing business with them. 

If you are a seller you should be livid.  Paying a commission to an agent is simply paying them for the job.  The transaction fee is a way their company tries to take an extra cut for no work done whatsoever.

If you are a buyer an agent’s work is typically free…they get paid by the seller via commission and only get paid if the home closes.  So if you like the job they did the fee may not seem so onerous.  But understand the agent doesn’t see dollar one of that transaction fee.

There are other times you will see transaction fees.  There are some companies that charge the agent a transaction fee in lieu of a percentage of the commission: sometimes the agent will try and pass it on to you.  Or when you are buying a foreclosure, the contract that you have to sign (it’s a bank/lender generated contract) requires the buyer to pay a transaction fee.  This foreclosure transaction fee is tricky to get out of, but I’ve seen it done with a good attorney.

Just in case you think I’m crazy, here’s what some Realtors around the country recently said in an online forum about transaction fees:

“Simple tell [the Realtor] you are not paying that fee or any admin fee or any other fee. All fees are negotiable and they are already getting 3%+ from you. If you are going to pay above and beyond that they better have a damn good reason why, and ‘it our company policy’ isn’t a good reason,” said Dan Kingsley of Rochester, Minnesota.

Said Larry Tollen of Durham, North Carolina: “From my perspective it’s a fee that simply goes to the bottom line of the company (typically a large franchise firm) that charges it. There’s no reason anyone should be charging it or clients paying it. It’s nonsense and I’d ask anyone who charges it, ‘What do you do for this fee that you weren’t doing a year or two ago before you started charging it?’”

So when you sign a listing agreement to sell a home, or when you go to buy a home, look at the paperwork carefully and make sure there aren’t any hidden fees added in anywhere.  It can be on the sales/listing contract, it may be on the company’sown paperwork, and for a seller it may be called a “brokerage only commission.”

In any case, if there is no work being done for a fee, don’t pay for it. 

Homes for Sale in St. Augustine: Are You Paying EXTRA Commission?

Thursday, July 15th, 2010

by Sean Hess (www.SeanHess.com), Broker and Manager for St. Augustine Team Realty (www.StAugustineTeamRealty.com).   Follow us on Facebook.

Line 89-Extra Commission on Standard Florida Contract

Line 89-Extra Commission on Standard Florida Contract

 

If you want to see something ugly, just take a look at line 89 (a) of the standard Florida Association of Realtors Listing Contract pictured to the right.

The first part of line 89 (a) is normal…it spells out the commission percentage in the listing agreement.  Whether you love commission or hate commission, it’s how deals get done.  But then it goes on to add “plus $___________ ” .

This tiny little addition in the contract is there to charge you an extra commission.  If someone tries to get you to pay an extra commission, like Nancy Reagan famously said, “Just Say No.”

Back in the days of the boom market some real estate agencies felt that they weren’t raking in enough cash.  There were some real world reasons for this: commission percentages were declining a bit due to market competition, and to attract agents companies had to give the agents a better cut.  So they invented something called a “transaction fee” which was basically just an add-fee of a few hundred bucks that the seller and buyer got hit with at closing, and that was paid directly to the borkerage.  Some people would protest the fee but most people just went ahead and closed.

Then the federal government stepped in and said, “you can’t do that,” because the fee wasn’t part of any real work directly related to a real estate closing.  So the real estate agencies have to put it in the actual listing contract now.

My best advice is: don’t agree to any Extra Commission.  Any company that would turn down your listing because you won’t pay a few hundred bucks is not making sound business decisions.  AND, the listing agent and the agent who brings the buyer don’t see any of that money anyway, so it bypasses the purpose of commission…which is to motivate agents to do all the work in selling the home without getting paid a single dime upfront, or at all, until the house closes.

Real Estate in St. Augustine: When Buyer Services Are NOT Free

Wednesday, October 21st, 2009

by Sean, Broker and Manager

In our last post we focused on the conundrum posed by a (in our opinion) crazy buyer.  The buyer didn’t want to use a Realtor and why wouldn’t you use a Realtor when services to a buyer are normally free?

Well, sometimes buyer services aren’t free.

Some companies, definitely NOT us, charge the buyer a “transaction fee” or other bulls**t fee on the back end.  Basically the agent takes the person around and then when the buyer writes a contract he or she also signs a disclosure that says there will be a transaction fee at closing.  Most buyers just sign the paper.  The fees can range anywhere from $200 to $600 in this market.

To be fair to agents, agents hate these things.  It’s the companies that mandate them, and if the agent wants to work for the company he has to charge the transaction fee (which goes to the company only).

To be fair to the companies, there really is a good reason for them.  In a business where it’s difficult to predict income (because income is based on a percentage commission in markets where prices rise and fall), if you can at least predict unit sales you can predict income from a fixed transaction fee.

This summer the Federal government took a look at these fees and basically said you can’t charge them anymore, at least not the way they’ve been done in the past, which is on the settlement statement at closing.  The Fed said if the fee isn’t actually tied to an actual closing “thing” (like title work is), you can’t charge it. 

Some brokerages have now dropped the fee from the buyer side.  But they’re still finding a sneaky way to hit sellers with it.  In some instances it has been re-named a “broker only commission.”  Essentially it’s a second commission. And again, agents are forced to sell it.

A good Realtor friend of mine always says, “Pigs get fat, hogs get slaughtered.”  Words to live by, I think.