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Old 11-03-2007, 06:10 PM
 
Location: Thousand Oaks, CA
75 posts, read 543,645 times
Reputation: 82

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Can a real estate agent represent himself in a real estate transaction where he is the buyer or seller?

If he is the buyer, does he get a piece of the commission from the selling agent since he is representing himself as a buyer's agent?
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Old 11-03-2007, 08:14 PM
 
Location: Bloomington IN
8,590 posts, read 12,344,993 times
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I suppose it depends upon the state, but in my state the answers are yes and yes. The agent must disclose that she or he is a licensed agent.
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Old 11-03-2007, 08:32 PM
 
Location: Cary, NC
43,284 posts, read 77,104,102 times
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Quote:
Originally Posted by Shikaka805 View Post
Can a real estate agent represent himself in a real estate transaction where he is the buyer or seller?

If he is the buyer, does he get a piece of the commission from the selling agent since he is representing himself as a buyer's agent?
In North Carolina, I can represent myself.
I can't do dual agency if I am a principal.
I will be selling a couple of rentals, and if a Buyer approaches me directly, I will refer them to another agent.

Disclosure is the answer to most issues. A licensed agent must disclose that license.

Commission is negotiable.
As a Buyer, I would rather have a cash-back for closing costs or a lower price. Why pay tax and Social Security on commission income if I can avoid it?
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Old 11-03-2007, 08:36 PM
 
Location: Pinal County, Arizona
25,100 posts, read 39,258,323 times
Reputation: 4937
Quote:
Originally Posted by Shikaka805 View Post
Can a real estate agent represent himself in a real estate transaction where he is the buyer or seller?

If he is the buyer, does he get a piece of the commission from the selling agent since he is representing himself as a buyer's agent?
Yes, and Yes

Disclosure to all parties that they have a real estate license and are acting as a principal is required
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Old 11-03-2007, 10:01 PM
 
9,848 posts, read 30,284,407 times
Reputation: 10516
Just a hypothetical:

So if an Agent is selling his own home and has his house listed at exactly the same price of identical house listed through another brokerage that typically collects 3.5% commission from the seller would a buyer be off base to make an offer for the agent owned home starting at 3.5% less of the asking price right off the bat since the agent owns the home and isn't paying a selling agent 3.5%?

Example:

Home A is owned by agent and listed at $200K

Home B is identical to home A but owned by a regular joe and listed at $200K through full service RE agency with agreed 6% comission split between buyer and sellers agent.

A full price offer to Home A would come out as $200K - 2.5% commission to buyer's agent, but the seller (Who is an agent) pockets the rest since he is not paying a selling agent so $200K - (2.5%) or $5K = $195K in sellers pocket after the sale.

A full price offer for Home B would come out as $200K - 6% commission (2.5%to buyers agent and 3.5% to sellers agent) = $200K- (6%) or $12K = $188K in sellers pocket after the sale.

Is it incorrect to think that the home owned by the agent should be discounted by 3.5% or $7K in this case?
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Old 11-03-2007, 10:04 PM
 
Location: NW Atlanta
1,372 posts, read 5,210,275 times
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In georgia you can represent yourself with full disclosure but cannot go into dual agency
I am sure if it is not illegal it is definately frowned upon by the board of realtor in most areas
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Old 11-03-2007, 10:04 PM
 
Location: Rural Central Texas
3,674 posts, read 10,604,491 times
Reputation: 5582
Never hurts to make an offer. If the seller is an agent rather than a broker he may not have the ability to waive the selling commission side. The agent only acts on behalf of his sponsoring broker, even if selling his own properties. They are not allowed to perform transactions on their own without the brokers covering license.
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Old 11-03-2007, 11:23 PM
 
Location: Orlando FL
1,065 posts, read 4,146,388 times
Reputation: 427
North Raleigh guy:

You wouldn't be incorrect wanting to offer less on the home owned by an agent. You as a buyer, have the goal of getting the home for as little as possible. It doesn't matter to you what the seller has to pay in commissions or how much they are pocketing, just that you get the best deal possible.

Keep in mind though, the seller, whether paying 1% 2% 6% 9% or 20% in commission, has a goal of selling their property for as much as the market will bear. Just because they may net more than their neighbor when selling at market price, doesn't mean they will be willing to sell for less than market just because they aren't paying what their neighbor is in commission.
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Old 11-04-2007, 12:30 AM
 
Location: Columbia, SC
10,965 posts, read 21,983,290 times
Reputation: 10680
Quote:
Originally Posted by North_Raleigh_Guy View Post
Just a hypothetical:


Is it incorrect to think that the home owned by the agent should be discounted by 3.5% or $7K in this case?
You are incorrect. Should a home being sold by a flat fee company be discounted? Should a FSBO be discounted by x%? A home is worth what the buyer is willing to pay and commission has nothing to do with that.
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Old 11-04-2007, 06:11 AM
 
Location: Palm Coast, Fl
2,249 posts, read 8,897,149 times
Reputation: 1009
In Florida, yes. A licensed sales associate or broker is able to buy or sell property just like a non-licensed person but they must reveal they are licensed. This is because it is assumed the licensee is more knowledgeable. Yes, they are able to share in the commissions.
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