real estate dual agency?

semtex

Recycles dryer sheets
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Jul 6, 2006
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As posted in my previous msg, my neighbor would like to purchase my property and pay a premium since I have no plan to move originally.

I have no seller agent. So his agent(buyer side) said this case he will be dual agent and he could take 2.5% instead of 5% commission.

In NY, dual agent is legal, but many articles mention it is ‘risky'.

Did someone have dual agency experience or any advice on it?

Many thanks,
 
Why does he even have a agent? IF you sell find a lawyer and tell the buyer he needs to pay the legal fees.
 
I do not know why. I mentioned that transaction is costly.
 
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Wow! What generosity! You have no obligation to pay him a dime and he is willing to take 2.5%. This maneuver is proof positive that he cannot be trusted. Ghost him and hire a lawyer.

Your neighbor's offer should be net to you with neighbor paying all transaction costs. All -- including costs on your side like the lawyer.
 
I sold a house I owned to my niece. She approached me about buying it when she knew I was starting to think about selling it. I wanted to help her out, so I picked a slightly below-market price that was lower than what she had planned on paying for other houses.

At first, we discussed that we would just get a lawyer to do the paperwork, but then we changed our minds when it became obvious that her mortgage process (with FDA program backing and requirements) was confusing to us both. So I approached the realtor who had helped me buy my own house and asked him to "run the deal" through the process.

He acted as dual agent. The transaction price was only $95,000. He offered to do it for a flat fee of $1500. I actually told him that was too low and I would pay him $2000.

In my case, I trusted my niece and she trusted me. She really wanted the house. This was a house that my mother (her grandmother) had lived in for 25 years. She was quite familiar with the house. I was very, very honest with her about every known issue with the house. She didn't even feel the need to do an inspection.

Even though there wasn't an inspection, I did have to do some fixes that were issues during the FDA-financing appraisal. I spent another $1800 to do the repairs.

I liked the fact that the agent was there to help us put the transaction through the appropriate and required steps. He took care of arranging water quality testing that was required. He took care of setting up the attorney that did the closing. He communicated equally with both sides.

So, mine was a family situation, so a bit different than yours. But in this case, I think dual agency was fine. And maybe you know your own situation and your own neighbor enough to do this.

I would not, however, do a dual agency transaction with a total stranger. I want someone to protect MY interests exclusively.

Edited to add: After reading OldShooter's comment that was written while I wrote mine, I tend to agree with him. If they approached you and you were not looking to sell, then their deal shouldn't have any commission coming out of your pocket. If that "premium" is 2.5% more than you would have agreed to, then I guess it comes out in the wash. But if not, then I would suggest the buyer covers that commission.
 
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DW recently her mother's home after her passing last year. A purchase offer was made by a friend without the use of a realtor on either party's end. DW did due diligence and paid for an appraisal. The offer was in line with the offer. Both parties had lawyers working the contract. Closing costs were shared as they normally would be.

I would think that from the OP's point of view, as long as he/she has an attorney, they are "represented" and do not need an agent. There is no reason for the OP to have an agent at all. The transaction could be a very simple one. You offer me a price for my house and pay it. Any transactional costs they incur are theirs to pay. I don't have to sell. Take it or leave it. If that doesn't work then I would tell the potential buyer to up his offer to cover the 2.5% or to pay the agent's fee themselves.
 
+1 on paying $0 to the agent. A real estate attorney is all you need. I've done FSBOs like that no problem.
 
OP - that real estate agent is just injecting himself into your transaction to skim 2.5% off the price. You have no use for him and should not pay him.

All you need is a lawyer to check the purchaser's offer and ensure he pays (escrow).

You neighbor can just sign a standard house purchase offer contract and give it to you, it's up to you to decide (after seeing lawyer) that you agree and want to sign it. Then the deal is done after payment.

The purchaser doesn't need a real estate lawyer since he knows he wants to buy your house and is not looking around at houses.
The purchaser may (should for his own sake) get a lawyer or order up: survey, title search, home inspection. But all that is for him to pay and decide. He may want to pay the agent to do this, but you should not.

An important thing is: Is the offer fair in today's market or are you about to be low balled as you don't know the value of your house ?
 
... The purchaser doesn't need a real estate lawyer since he knows he wants to buy your house and is not looking around at houses.
The purchaser may (should for his own sake) get a lawyer or order up: survey, title search, home inspection. But all that is for him to pay and decide. He may want to pay the agent to do this, but you should not.
If the buyer is getting a mortgage, he will have to buy title insurance and pay for an appraisal. So his life may not be all that easy, particularly if the appraisal comes back low vs the mortgage he is trying to obtain.

... An important thing is: Is the offer fair in today's market or are you about to be low balled as you don't know the value of your house ?
If I were in this deal I would buy a fee appraisal both to make sure I'm not getting lowballed and to have for the discussion that may ensue if the mortgage appraisal comes in low.
 
I think part of the premium would be for the buyer to pay all the closing costs commissions, etc. In the two purchases we have done I'm not sure what the realtor actually did beyond writing up the offer. If you are confident with your selling price, stick to it and make the buyer pay all the extra stuff that generally protects the buyer...not the seller.
 
An important thing is: Is the offer fair in today's market or are you about to be low balled as you don't know the value of your house ?

Our case is different. Our neighbor really likes our property. so he agrees to pay some premium above the market value. I use the zillow price as the base, adding 20% as the final price.
 
Our case is different. Our neighbor really likes our property. so he agrees to pay some premium above the market value. I use the zillow price as the base, adding 20% as the final price.
WADR, I would still suggest hiring a professional appraiser. Around our lake home, county estimated market values have increased 40% or more in just one year. To get the appraisal is pretty cheap insurance against leaving money on the table.
 
WADR, I would still suggest hiring a professional appraiser. Around our lake home, county estimated market values have increased 40% or more in just one year. To get the appraisal is pretty cheap insurance against leaving money on the table.

Good idea, I will do it.
 
Get your own agent and ask at least 10% more than you were offered.

You're being snowballed.
 
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