We talk a lot about buyer’s agents and listings agents and the benefits of both but what happens if your buyer finds a home that’s not listed with an agent? This is actually not that unusual because buyers will look for homes everywhere and they don’t really care where they find the house, only that they want to try and buy it.
This is what happened with one of my favorite clients. A young, single woman of about 22 working at the local pharmacy in town doing very well for herself and wanted to start investing in the real estate world. This is a great direction for her since she was young, had the funds for an FHA down payment and had a great head on her shoulders.
In my mind, there was no concern for her age when it came to jumping in with both feet. She found me online so she was well versed in searching the Internet. Even though I sent her several homes that met her criteria, the one she wanted to see came from an ad in the local newspaper. Of course it was a FSBO (for sale by owner) and in most cases those sellers may not want to deal with an agent, hence the FSBO in the first place.
But I still advocated on her behalf and called for an appointment. The gentleman was also young and in the military and couldn’t afford listing agent fees so he decided to try it on his own. Here we come, agent in tow.
He was very cordial but I could see he was nervous about the idea of an agent in the mix. My buyer loved the home however and wanted to make a full price offer. The seller asked me if I could assist in the sale and I said sure, for 3% of the sale price. A modest fee since I was now facilitating the deal on both sides. He understood and because he had no previous knowledge of how real estate worked, he agreed.
I found it odd that those that don’t know the process would risk such a high liability in legal documents by listing themselves but in his case, he lucked out with an agent that was not about to swindle, cheat or lie to him throughout the process even though my loyalties were first to my buyer.
We wrote up the deal and I explained everything to both buyer and seller and even though he was a little apprehensive as to all the documentation, I assured him it was all valid and above board. He signed and on we went to inspection.
Because this was an FHA, the house had to be approved under the strict guidelines for an FHA loan. But the previous owner purchased the house under VA terms so we were more than covered for FHA.
The snag came when the appraisal came in. The appraisal came in lower than the list price, and of course, lower than my buyer was willing to pay. When I informed the seller, again he was apprehensive but I gave proof and informed him of his options. He could terminate the transaction, my buyer could make up the difference or he could lower his price. Since my buyer didn’t have the extra funds and I informed him that any appraisal might return the same results, he agreed to lower the price.
I was able to open escrow for them, help them both through the procedure and close on time. The seller was happy and satisfied and I felt that he was my client just about as much as the buyer. I even gave him a moving away gift on closing day.
A Fine Balance of Power
Now this set up worked well but it can always go south quickly. Sellers can go behind the agent’s back and persuade the buyer to drop their agent and just deal one on one. This is where close communication between buyer and agent is so crucial. Buyers that think they know everything and how it all works and can be easily dissuaded into ditching their agent. The benefit I had with my first time buyer is that she trusted me to work for her no matter which home she chose. Regardless of what home you buy, have a buyer’s agent on your side.
I can’t stress this enough. Even though I am not in real estate any more I constantly tell my friends, family and just about anyone I know, get yourself a buyer’s agent! Don’t buy a house without one. You need the protection and assistance in case there is anything you don’t agree with or understand.
Buyers may think they understand the process and they may have even closed a few real estate transactions in the past but things change; rules, laws and requirements change and real estate agents are required to keep up with all of these. If you don’t understand something you’re signing and you don’t have a buyer’s agent to help, you may be signing something you really don’t agree with and it could lead to legal issues down the line.
Also, listing agents have one primary goal – to sell that home! They don’t care if you don’t have a buyer’s agent, they may help with the transaction but again, you are not fully protected. Just as in my buyer going for a house without a listing agent, that seller had to trust that I knew what I was doing and wasn’t going to screw him over. Of course we didn’t, but if he had his own agent, that agent could have verified the purchase and sale agreement and made sure the seller was protected.
Yes, you can buy a house from a seller that does not have the property listed with an agent and still use your buyer’s agent. It’s up to the agent to negotiate with the seller on any commissions or fees paid at closing to the agent. The buyer doesn’t have to pay for the help of a buyer’s agent. Just another one of the many reasons I always say “Have your own agent when buying a home!”
About the author: Tammy Emineth writes dozens of monthly blogs to offer assistance to real estate websites as well as all types of personal websites. Tammy does marketing and online promotion through various social media channels for her clients.