Who Pays the Commission?

Who Pays the Commission?

 

The Seller

In many cases, the Seller has signed a listing agreement with his agent specifying a certain fee to be paid for selling the home.  It can include provisions for splitting that fee with the selling agent, regardless of agency representation.

 

The Buyer

In some cases, the Buyer pays his agent a commission as set out in their written agreement.  If the buyer pays his agent from his separate funds, it would not be appropriate for the buyer’s agent to also accept part of the fee paid by the seller.

 

Indirectly, The Buyer Does

However, an argument can be made that the buyer indirectly pays the commission even if it comes from the seller’s proceeds.  The assumption then is that the buyer could have bought the home for less by dealing directly with the seller.  By having an Realtor handling the transaction the buyer is protected in many way that he or she would not be with out a professional real estate agent: disclosure and representation of all known facts related to the property and to the details of the transaction; applying the neutral negotiating skills of the realtor which can frequently result in a better price and/or terms for the buyer, among many others. (Julie, you may want to list more, but these two may be enough).

The professional realtor provides oversight and compliance with the proper steps of the real estate contract, from start to finish, by both parties.  In short, your interests are better represented and protected.

 

The Client Determines How the Agent is Paid

The seller agrees to pay his agent in the listing agreement and the sub-agent of the seller who sells the property.

 

The buyer agrees to pay his agent if buyer agency is elected.  In some cases, the buyer directs his agent to try to be paid from the seller’s proceeds.

 

Each party pays their agent as specified in their written agreement.

 

What Does it Really Mean? Real Estate Terms Defined

What Does it Really Mean? Real Estate Terms Defined

If you are thinking of buying or selling a home, chances are you’ve come across a lot of real estate terms or jargon. Some of these terms seem self-explanatory, but lots more are confusing. To help you out, below are a few commonly used terms and their down-to-earth explanations:

Bridge Loan: Typically a short-term loan that is designed to provide the cash for a buyer to purchase a home before the current home is sold. The equity in the present home is used to secure the loan. Bridge loans are becoming increasing popular because of the fast-moving dynamics of the Midpeninsula real estate market.

Comps or Comparables: This is a term that describes comparable properties that are used in determining the sales price and appraisal price of a home. Recently sold properties that are similar in location, lot size, home size, home age and amenities are analyzed to come up with an estimate of value of the home for sale. To set the “for sale” price of a home, the seller’s agent will do a Comparative Market Analysis (CMA) to determine a fair market price.

DOM: Days on Market. This can be confusing because when exactly do you count the beginning and end of a sale? The clock starts ticking the moment that the property is listed on the Multiple Listing Service (MLS) (link to MLS here) and ends when an offer is accepted. The closing of escrow (define below), however, may take longer. The DOM clock is reset when a home is withdrawn and relisted later (although the MLS will record all of this history). The DOM is an indicator of how in-demand a certain property or geographical area is.

Earnest Money or Good Faith Deposit: Upon acceptance of an offer, this is the money that the buyer gives to the seller to demonstrate that the buyer is serious about following through with the purchase. Earnest money is usually between 1% and 3% of a home’s purchase price. The amount and timing of the earnest money is usually indicated in the buyer’s offer. When the sale goes through, the earnest money is applied against the down payment. If the buyer decides not to go through with the purchase for reasons not covered by a contingency, the seller is often entitled to keep some portion or all of the earnest money.

Escrow: During the process in which the sale of a property is finalized, a neutral third party (not the buyer or seller or their agents) will keep all funds, documents and other materials necessary for the sale in their possession. When the sale is finalized, also called the close of escrow, the assets are handed over to the appropriate parties, as previously specified in a legal agreement. The escrow process is designed to protect both the buyer and the seller in real estate transactions.

Non-Contingent Offer: An offer to purchase a property without any contingencies at all. Once the seller accepts the offer, the buyer is obligated to follow through with the purchase. In a strong real estate market, sellers prefer, and often can obtain non-contingent offers, which greatly shorten the sales cycle and risk for a seller.

Off-market, Private or Pocket Listing: These are homes that are listed for sale with a real estate agent, but not publicly advertised or registered on the Multiple Listing Service (MLS), which is the primary medium for communicating information about houses for sale among real estate agents. An off-market listing limits the pool of buyers, but offers other benefits to sellers, including privacy, reduced preparation time and costs and an ability to test the market before publicly listing.

Pre-qualification and Pre-approval: Pre-qualification is the process that a lender goes through to estimate how much money a prospective buyer can borrow to purchase a home. The estimate is typically based upon self-reported information and is not binding. In contrast, when you have a pre-approval, a lender has done an extensive check on your financial background and current credit rating. The lender then provides a conditional commitment in writing to make a loan for a specific amount, sometimes at a specific interest rate, for a specific time period. A pre-approval is much more powerful than a pre-qualification when making an offer in a competitive market.

 

There are many terms that are second nature to real estate professionals, but may be confusing to consumers. Please contact me if you have any questions, and I’d be happy to explain them to you.

房地產术语的含义

房地產术语的含义

 

假如你正在考慮購買或出售一处房产,你一定會遇到了很多房地產術語或行話。 有些術語似乎可以不言自明,但大部分會让人十分困惑。為了帮您排憂解難,下面 是一些常用的術語及其简单易懂的解释:

 

过渡性贷款: 通常情況下,这是专门为房主出售现有房产前购买其它房产时提供资金。將目前的房屋用於擔保貸款。由于MidPeninsula的房地產市場十分火热而且变化很快,因而过渡性贷款变得越来越受欢迎。

 

房屋买卖历史对比:这个术语用于描述在確定房屋銷售價格和房屋價格評估时對比类似房产的價格 。最近售出的在位置,住房面积,家庭規模,房产年齡和生活福利设施方面類似的房产,将其信息收集分析来确定评估價格其它类似要销售房屋的价格。要設定一处房产“出售”的價格,賣方的代理人将会做出市场调查(CMA)通過比較分析 來確定一處房產的合理市場價格。

 

DOM:在市时间。這可能會造成给你造成困惑,因為如何才能精确的计算一次銷售行为的開始和結束时间呢?开始时间是該物業被列到多重上市服務系統(MLS)(在这里可以鏈接到MLS,當報價被接受时即视作結束。托管结束(定義見下文),可能需要花费更長的時間。上市时间(DOM) 在这栋房屋重新掛牌後会重置(雖然MLS將記錄这栋房屋所有的交易歷史信息)。DOM是衡量特定財產或地理區域的实际需求的一個指標。

 

保证金也叫信用保证金:用於買房者接受報價之時,這些錢是買方給予賣方以證明買家對此項交易的認真和重視。保證金一般為一棟房屋出售價格的1%-3%。保證金的金額和時間通常會標示在買家的報價信息中。當交易完成時,保證金將用於支付首付之上。如果買方在報價之後決定放棄此次購買行爲,且並不是因爲突發事件,賣方往往是有權保留部分或全部保證金。

 

第三方托管: 在物業销售完成前,中立的第三方(既非買方代理商也非賣方代理人)將暂且保管所有的資金,文件以及完成此项交易的其它材料。當銷售完成,也叫托管结束,資產将会按照事先确定的有法律效力的合同条款分别移交给买卖双方。託管流程的目的是在在房地產交易过程中保護雙買方和賣方的利益。

 

無條件的報價:一旦報價被賣方接受就必須無條件買下房產。這就意味着一旦賣方接受該報價,那麼買方就有義務貫購買那棟房產。在房地產市場較火熱的時候,賣家比較喜歡這種無條件報價,因爲這種方式會極大的縮短了整個銷售週期並且降低賣方的風險。

 

場外市場,私人或口袋交易: 這些房产只是在房地產代理商处售卖,但沒有公開宣傳或在多重上市服務系統(MLS)登記,這是房地產經紀人交流有關房屋出售信息的主要媒介 。場外市場掛牌限制了买家的规模,但是给卖家带来了很多好处,包括隱私,減少準備時間和成本,在公開上市之前測試市场反响。

 

資格預審和貸款預批:資格預審 是貸款人用來估算有意的买家的借貸能力的一種過程。此類評估主要基於買房方提交的個人信息,因此並不具有法律約束力。相反,當你有貸款預批 , 這就意味着貸款人通過仔細廣泛的核查已經了解了你的財務背景及目前的信貸評級。之後貸款人就會給你出具書面的有條件的承諾書,發放一定數額的貸款,不過貸款利率在不同時間都會不一樣。在競爭激烈的市場中,貸款預批往往要比資格預審有用得多。

 

雖然有許多术语对于房地產專業人士非常简单,但可能會讓消費者一头雾水。如果您有任何問題,請與我聯繫,我很樂意为你解释。

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