In any discussion regarding the sale of a house the matter of
real estate commissions arise. The “commission” could be considered a
professional fee such as would be paid to a lawyer, an accountant or other
professional advisor, albeit with one important distinction: real estate fees
are only paid on a contingency basis which means the successful and
satisfactory conclusion of the sales transaction. To put it simply: no sale, no
charge.
How are fees distributed?
In many cases there are four parties involved in the sale of
a house. There is the seller’s agent and the buyer’s agent and each agent must be
affiliated with a brokerage, in my case, Sutton Group. Each party must be paid.
When are fees paid?
All fees are held in trust until the successful closing of
the transaction. The buyer has taken possession, owns the property, and is free
to move in. Only then are fees released to the entitled parties. This is
usually long after the agents’ service has been rendered. Typically, a house
might list a few weeks after the initial
meeting between seller and agent, and the house might sell after, say, 30 days
on the market and close sixty days after that. To illustrate, the initial
meeting could take place in January, the house lists in February, sells in
March and closes in May. Only then would the agent be compensated.
What if the house doesn’t sell or a sale falls through?
In that event, and it happens but rarely, no fees are paid
and the agent is out-of-pocket for time and money invested in marketing the
house. Sales can fail if conditions are not met, such as financing falling
through or other events beyond anyone’s control. The seller or buyer may be
entitled to retain a deposit or pursue other compensation but the agent will
not be entitled to a fee.
Are commissions negotiable?
Yes, fees could be reduced all the way to zero if the seller
wants to do it all themselves: research the marketplace, market the property, show
the property themselves, negotiate the offer, but the savings could be illusionary.
A savvy buyer would expect to pay less and a buyer’s agent would probably not
show the property without compensation and so on. There is also the security aspect of the
transaction, not just in terms of having total strangers coming through the home
but the seller not knowing the prospective buyer’s ability to close the
transaction.
I will discuss the various aspects of selling and
buying a home in upcoming weeks but in the meantime, if you have any questions
please email me at ckidd@trebnet.com or
call 416-505-7513.
