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Answered
Why do I have to sign a new "Exclusive Buyer Brokerage Agreement?"

I was working with an agent from Gainesville doing deals in LAKE CITY. And then the new rules got implemented -- in August -- where the buyer has to pay a commission to the selling agent and this necessitates a buyer/agent agreement.
Today, I made an offer on a house using my Gainesville Agent and he sent me all the forms to sign and I reflexively singed the new form without even reading it. Later on, I was going through the downloaded documents and read the Exclusive Buyer Brokerage Agreement with its restrictions and obligations for almost a month -- with all the legal ripoff jargon.

Now, bear in mind that my agent lives and works in Gainesville and I found a house on my street in Lake City that I wanted to buy ALL CASH. I called up the selling agent and asked him to submit the offer to the listing agent based in Tallahassee. My agent did not lift a finger to help me find that house -- but his brokerage ties me into a brokerage agreement that obligates me to pay him 2.5 commission on the transaction.

Here is THE KICKER: I have written over 100 offers in my life in REAL ESTATE, so why should I have to go to an agent to write up an offer and present it for me -- at a price? I can design my own offer and send it to the listing agent; in my case I do not need an agent to represent me. But I do not think that will work with the AUTHORITARIAN BOARD OF REALTORS.

I think they will get SUED again.

Any thoughts?

  
  
Posted 3 months ago
Edited 3 months ago
Votes Newest

Answers


The NAR was sued. Bottom line they settled. The realtors are not happy about any of this. It was always understood if: A SELLER WANTED AGENTS TO BRING PEOPLE TO THEIR PROPERTY THEY ( buyer's realtor ) HAVE TO HAVE A HOPE AT PAYMENT . THE LICENSE,MLS FEES, NAR FEES AND BROKER FEES MEAN YOU HAVE TO GET PAID SOMETHING JUST TO COVER EXPENSES.LET ALONE GAS AND CAR EXPENSES. PAPER,INK PHONE OFFICE EQUIPMENT ETC. IT IS NOT EASY TO PASS THE REAL ESTATE TEST. I am so sorry you had a poor experience. Most people are not as experienced as yourself it seems.
That being said why do you need a realtor ? I just had to bring to a cash buyer's sale; the importance of a survey protection in regard to his title insurance, He understood none of this. I also have successfully negotiated much lower prices for my customers and help them stay in the mortgage game when they are about to throw in the towel. Theres a lot to get inspected and appraised and get those appointments and results understood legally. Does a buyer have time to always go to those appointments etc ? No. Realtors do. We bring parties togather successfully that many times would argue and deals fall apart by being neutral negotiators. Does a seller or buyer understand the laws about the things they propose to us / No is the answer in most cases. You have to also pay lawyers in some states. In Florida in most cases you do not. Unless people think its all like HGTV ( NOT ) you need a realtor. Its not all about the paint color or curb appeal. Glad to help people find that too !! For most customers I deal with they have no idea of the legal process and/or the mortgage application process and what it takes to hang in their and actually buy or sell a property. We actually have to constantly stay on top of some buyers and sellers like a parent to meet dates and timelines no matter how often we e mail or text or call to remind them of tasks and deadlines. Not everyone of course. This is just an example of the many reasons you might want a realtor for your protection and to represent your side of the deal. Once a buyer is serious and gets pre qualified we can then bring a seller a somewhat qualified lead to purchase their home. Any realtor will tell you, for 100 prospective buyers maybe 5 will actually bother to pursue pre qualification and getting their docs in on time etc. Its not easy at all.
I truly hope your next experience is more productive,
Best regards,
Cathy LaTourette
1st Class Real Estate
407-252-9694

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