Short Sale Third Party Negotiator: To Pay Or Not To Pay...
Lately I've come across other agents that hired negotiators. Two events sometimes pop up:
1. A listing agent is indebted to a negotiator and when "shortages" come up in negotiations the buyer is often the first person asked to cover the shortage.
2. A listing agent asks the buyer and/or the buyer's agent to pay the third party negotiator's fee. This one bothers me.
Question. Why should my buyer client pay a listing agent's hired negotiator? Someone please help me understand this...
I was speaking to an attorney recently, he happened to be a real estate broker. We seemed to agree on the following:
1. It is part of the broker's fiduciary duty when properly authorized, to conduct negotiations on behalf of the seller.
2. That broker and seller are responsible for the outcome of negotiations between bank and borrower (seller), period.
3. Any broker that hires a third party negotiator either does not have the time, knowledge or motivation to negotiate for their client. The scary thought is it could be all three.
4. A third party negotiator exists purely for the convenience of the listing agent, contrary to their attempted justification e.g. "Our negotiator has a 100% success rate."
Listing agents that claim a better success rate employing a third party negotiator don't realize they are implying they would have less probability for success if they did it themselves. This places a question in my mind about their capabilities as an agent overall, in my opinion.
Am I off base here? I'm a short sale listing agent / broker as well and I charge no one separately for my negotiating services. It's my job and even if I did hire anyone else, I would pay them myself. This is called work, extra work. Any broker that believes the buyer (or their agent) should pay their hired help should reimburse the buyer's agent for time and effort expended in showing dozens of homes prior to submitting an offer on this one short sale property (if accepted of course). I think that's fair.
Feel free to call me nuts for working for my commission AND handling all of my other responsibilities for all of my other clients while not passing on the fees to someone else. What are your thoughts?


Wednesday, June 29, 2011 at 8:39PM





