Rebates to Buyers Not the Answer
Posted May 23, 2008 @ 11:38 pm, Viewed by 235 Visitors, Read 244 Times.Many of us know there are other agents out there that use the idea of a buyer rebate in order to attract business in this slow market. As an agent, I never used this business model myself, yet I was always a firm believer that this was a "good thing" for the general buying public.
It may be different in other parts of the country, but for those of us that practice Illinois real estate, it is perfectly legal for an agent to give gifts or rebates to either of the two principals in the real estate transaction. This has gotten me out of some sticky situations in the past where I've agreed to pay for something or other that my clients have a problem paying for - it's an easy way for me to get a transaction to close without my clients agreeing to something they object to.
However, lately I've experienced a situation where I feel this policy is inherenly bad for the buying public. A few days ago I encountered a buyer that was searching in Tanner Trails that wanted to see a property. After the showing I was doing my post-showing follow-up and the buyer basically indicated that they appreciated me showing them the home but they would be writing an offer with another agent that was advertising a rebate of 75% of the commission if they found their own home without the help of the agent.
Now, I happen to feel that we, as real estate agents, are there to protect the public, among other things. Buyers who don't know enough about the purchase process that are trying to "do it alone" to get some cash on the back end are putting themselves at risk. In this particular situation, it raises all kinds of issues with procurring cause. After I explained this to the buyer that they were obligated to allow me to write up the offer for them, they, of course, became angry.
So, as much as it might be nice to allow us to rebate and give gifts to the principals of a real estate transaction, I have to say, in this application, I feel it's a bad idea and encourages the general public to put themselves at risk by not using a buyer's agent during the home search process.
4 Responses to Rebates to Buyers Not the Answer
Part of me agrees with you Mike - the part that always felt that rebates were a great thing for the buying public. I have always given a closing gift and my clients are always greatful. However, this situation made me really re-think things. My major thought that made me change my mind: as buyer agents, we're not there to give gifts and kickbacks to our clients. We're there to facilitate the purchase of their home. Any deviation from this ideal by either the Realtor or (in this case) the buyers themselves puts the buyers at risk. If we set the idea of commission aside, we're still left with the fact that going it alone whether buying or selling is inherently a bad idea and could lead to trouble.
Thankfully New Jersey does not allow Real Estate agents to give the buyer rebates such as what you have described. In fact I believe the limit is still $25.00. If it were possible I would follow up and when said buyers closed hit the Rebate Realtor with procuring cause and demand 50% of the buyers agent side of the commission. I bet they would love coming up with 25% of the buyers agent side for the commission out of their own pockets! States that allow this sort of business practice are just asking for corruption.
sucks doesn't it? Happens to us all the time because we usually don't ask buyers to sign a buyer-broker agreement. We should, and we had when we had an inkling that the buyer was just using us to see the houses but have another Realtor on to side to write an offer with. We're having our lawyer design a specific buyer-broker agreement, specific only to the properties we show. Such that if and when they make an offer on any of the houses we show they are obligated to use us. As far as rebate, I did a 1% rebate when I was starting to get clients. I thought that would entice a lot of buyers to use me over others because there was something in it for them. After a year I stopped doing it because, of the 38 closings I did in my first year, only 3 used my services specifically to get that 1% rebate. I was giving rebate to everyone even though they were not asking for it and most of them were surprised I gave them a rebate. I gave a way free money! More common problem we see are buyers asking part of our commission. Our response to that: we'll give you part of our commission if you give us part of your salary.
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Eric is a husband, oenophile, musician and real estate agent in Aurora, Illinois. I specialize in working with first-time buyers as well as sellers in the City of Aurora, Oswego, Montgomery and surrounding Fox Valley communities. Read More
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Hi Eric, I guess the house wasn't your listing? In that case tough luck to the buyers. Their realtor offering the rebate should tell them to view properties via open house or make a bid first and see the house during the home inspection. If it were my listing and a customer said that, I'd let it go and be happy with the seller's-side commission. I like to offer rebates to my customers, it makes them very happy and loyal. We just closed on a house today and I am paying for ground-termite treatment with a five year warranty (a little over $500 bucks). The buyers are very grateful. Aloha, Mike