This post is a more serious post, and if you all know me, you know it’ll be one of the few, if not last, serious post in this blog.
In the real estate world, there are some pretty strict rules that forbid us from discussing commissions in public or with other agents, because it can lead to the possibility of collusion and price setting, so to start this post, let me be very clear….everything is negotiable. Commissions are something that is determined between you and your Realtor and agreed to on your listing agreement. A Realtor can charge whatever they want, be it 1% or 8%. And you have the right to accept it or not.
There…now that that’s been said, let me give a little background on commissions, how I determine mine and talk about the reason behind them.
I get a lot of people that think I’m making truckloads of money, and while I’ve been very blessed in this business and will never complain, my tax statement at the end of the year looks quite different than many people think.
Below is a brief explanation of why I charge what I do.
Expenses: Real estate is cyclical and it’s not uncommon to have one very good month, and three to four without anything. However, the expenses don’t stop. Being a heavy listing agent, I’ve got constant expenses that don’t go away. They range from professional photography (sometimes multiple rounds per listing), printed material, print advertising, direct mail (which I do a lot of), online expenses and advertising, hiring of different professionals that can help me on certain deals, etc, etc, etc. It’s not uncommon to host private parties that involve catering. Things you’ll never see, but that are an integral part of my success, and thus my clients getting their homes sold. When you’ve got all these expenses, but a job in which you have the possibility of never getting paid again, you have to make sure that you’re able to afford to stay in business during the slow times. To top it off, we can often spend thousands marketing a listing, only to have the owner decide not to sell it after a while. All those expenses are just wasted. There’s a HUGE amount of financial risk in this field that people don’t realize.
Hours: Another thing the public doesn’t really see is the HOURS I spend working. A successful agent probably works a minimum of 60 hours a week. Sometimes more. And even when we’re not in front of the computer or on the phone, we’re networking everywhere we go to try and find that special buyer. It means late nights and weekends. It means time away from my wife and children. Every time I’m awake, I have to be “on”.
Risk: Here’s the biggie. One that most don’t even think about. Every time I’m part of a transaction, I put myself at risk for a lawsuit. Not because of something I’ve done, but you can never truly tell how the other party is going to ask.
Here’s a true example of what happened to me recently. I was hired to list and sell a home in NW San Antonio. Really unique home, but really cool. Not one of my million dollar listings, but not a cheap one either. Well, through some diligent marketing and hard work we got the house under contract. However, once we did, I got a bad feeling about the buyers. They were rude and to be quite honest, I got the feeling that there was a little “crazy” inside them. My gut feelings soon proved to be true. The buyer being an attorney didn’t help.
We went through the inspection process and found some issues with the home that my seller did not know about. He was very thorough on the Seller’s Disclosure, but this one was new to him. We went back into negotiations on the issues found and did some repairs, along with giving the buyers some cash at closing to complete the rest of the repairs they saw fit.
Getting to closing was rough, but we got there. Sure enough, the day after closing it rained. Hard. REALLY hard. And the storm caused leaking. Lots of it. Nothing they didn’t know existed, but they didn’t get the repairs made in time. Now, I truly felt sorry for the buyers, as I would have hated to have purchased a leaky house, but my seller and I did everything by the books and correctly.
However, real estate makes some people crazy, and almost a year later we got notice that they were taking us to mediation and possibly court. They made up incredible lies and hired a lawyer that convinced them they had a great case. They were asking for an amount that totaled about 35% of their original purchase price.
Because I had a bad gut feeling in the beginning, I documented the hell out of everything. Every email I got from every party was in my file. Every phone conversation was documented. By closing, my file was about a foot thick, and unfortunately that’s not an exaggeration. When we sat in mediation with my attorney, my seller and his attorney and the buyers and their attorney, they KNEW they didn’t have a case. However, what they also knew is that we’d settle because they could drag this into court. When you go to court, unfortunately a jury doesn’t always make a decision based on facts. (The Casey Anthony verdict was only a week before this, so it was fresh in our minds.)
Despite having a rock solid case, we had to settle. Now we got them down to half of their initial demand, but we had to pay. A lot. Luckily I have insurance on every deal I do, but the deductible ended up costing me MORE than I made on the house when I sold it. So, in essence, I paid to sell that house and got dragged through almost a year of hell with it.
Is that my client’s problem? Absolutely not. It’s part of the risk in the business.
But is this something I have to take into account? Absolutely. On every deal. Even when you do everything right, someone could sue you. It’s the society we live in.
This long winded post (I doubt most of you are still reading this) is definitely not a “pity me” story. I LOVE what I do and wouldn’t change it for the world. It’s just a little further explanation of why I charge what I do.
Can you negotiate commissions? Absolutely. Will I? Probably not.
I feel that I’m a professional, just like any other businessman out there and I set a value on my service. Every professional should set a value on their service. It’s then up to the consumer to decide what it’s worth to them.
I feel sure that I could call any of my past clients and ask them if they thought I was worth what they paid, and they’d all say absolutely. I’ve been incredibly blessed with great clients that understand the value I can bring to them, and for that, I’m grateful.
1. We want to test the market for 90 days. And on the 91st day? Price reduction–and 90 days worth of potential buyers who have already eliminated your property.









