Most real estate companies continue to do business the traditional way and get away with out offering real estate rebates to their home-buying clients. One of the biggest reasons traditional agents get away with not offering rebates is because most homebuyers are not very well informed about buyer rebates. How they work, where the money comes from, will a rebate affect the price they may pay for that next new home or are they even legal in the first place?
Ask just about any traditional real estate agent what he / she thinks about giving back part of their commission to their home buying clients in the form of a real estate rebate and you just put a stick in a hornet’s nest. Most Big Brand Name Real Estate companies continue to do business the traditional way and get away with out offering real estate rebates to their home-buying clients.
One of the biggest reasons traditional agents get away with not offering rebates is because most homebuyers are not very well informed about buyer rebates. How they work, where the money comes from, will a rebate affect the price they may pay for that next home or are they even legal in the first place? While there is no law on the books in any state that says real estate agents must offer a rebate. Homebuyers should at least know they exist and have some basic knowledge about how rebates work so they may make an informed decision when it comes to using an agent that offers a rebate or one that does not.
To be honest, just the word rebate sounds cheap. For me it congers up images of my dad mailing in a rebate form so he can get two bucks back on a case of Pennzoil. And, there is nothing wrong with that. A penny saved is a penny earned.
But, rebates provide homebuyers with far more than just a couple of bucks back. A good homebuyers rebate can add up to thousands of dollars off the price of your next home purchase. Rebates to homebuyers can range from one half of one percent to as much as two percent of the homes purchase price. The rebate my company offers (New Market Realty, Inc.) is up to 2%. The rebate breaks down as follows: Homes priced from $0 to $300,000 have a rebate of 1.5%. Homes priced from $300,001 and higher get all the commission less $3,000. So, on the purchase of a $250,000 home my buyer clients will receive a check and lower the price of their new home by $3,750. On a $450,000 home the rebate back to my client would be $8,250. Now that’s money any homebuyer should want to get back!
But, it’s been very slow going for real estate companies offering rebates. Even with Nontraditional real estate companies advertising heavily online they still represent just a fraction of the $61 billion in commissions that were paid out last year in the U.S. real estate market. Discounting transactions totaled just 2 percent of home sales, according to results of a study issued this summer (2005) by the U.S. Government Accountability Office.
The controversy surrounding rebates has The National Association Of Realtors taking a buyer-beware attitude. Mr. Stevens, current president of the NAR has been quoted as saying "In some senses, you get what you pay for." Mr. Stevens has also been quoted, as saying home buying is "too big a transaction not to work with an expert." Well, Mr. Stevens I personally don’t feel we, as Realtors should be trying to scare homebuyers back into the dark ages of traditional real estate. I also would like my readers to note that I am a dues paying, member in good standing, licensed Realtor® I also consider myself an expert on the home selling and buying process.
Just for the record. All real estate agents under the rules of the NAR and state law are required to take and pass a state test in order to receive a real estate license. And, all real estate agents must take state required continuing education classes in order to keep their real estate license and to stay current with real estate practices in their state.
For Mr. Stevens or any traditional real estate agent for that matter, to imply or suggest that a real estate agent offering buyer rebates or listing homes for a flat fee is some how less of an expert than a traditional real estate agent is nothing but a cheap shot and a pitiful attempt to scare home buyers and sellers into believing they will be receiving inferior service and poor real estate market knowledge.
Traditional real estate agents love to use the word discounters. It’s their way of cheapening the innovative ways we so called discounters have come up with to save real estate consumers (buyers and sellers) thousands of dollars on a single real estate transaction.
The rebate process is very simple. In any real estate transaction there is a buyer and a seller. A listing agent works with the seller and a buyer’s agent works with the buyer. The party / person who pays all the commission in a real estate transaction is the home seller. Buyers never pay a commission. Now that we have that covered how about we walk through some basics of buying a home.
When working as a buyer’s agent I am never concerned about the amount of commission a listing agent has charged a home seller to list their home. It just doesn’t matter. 3%, 4% or 6% I don’t care. The only thing I am concerned with when it comes to commissions is how much that listing agent is going to pay me out of that 3%, 4% or 6% they have charged the home seller.
In my local real estate market in the state of Illinois I can expect to be paid on average 2.5% of the homes selling price from the listing agent.
If you were to purchase a home using me as your buyers agent for a selling price of $300,000. I would be paid a commission of $7,500. 2.5% buyers side commission x $300,000 homes selling price = $7,500. Now, lets give you back some money in the form of a buyers rebate.
But, before we do lets just do a little review. I don’t want you to miss anything. First, we don’t care what the listing agent charged the home seller. Second, all we care about is how much that listing agent is going to pay me working as your buyer’s agent. Third, we now know that I will be paid 2.5% of the homes selling price from the listing agent. Forth, the amount I will be paid is $7,500, which is funded from the total commission charged to the home seller.
Ok, now for your share of all this money. It doesn’t matter what your rebate amount is. The math stays the same. The only thing that will change is the amount of cash you get back from your buyers agent and that depends on the amount of rebate being offered. As I have mentioned earlier in this article I give my home buying clients a 1.5% rebate.
So, pick up your trusty calculator and take your new homes selling price of $300,000 multiply that by 1.5% and you should come up with $4,500.
Now subtract the $4,500 from my buyer’s agent commission of $7,500 and you should come up with $3,000.
Your buyer’s rebate is $4,500. Your welcome. And, my buyer’s agent commission is $3,000. That’s all there is to it. Now you know how buyer rebates work. Where the rebate money comes from and that a rebate will not increase the price of your new home because it comes out of the commission the home seller agreed to pay before you even looked at the home.
It even works for brand new construction. Because most homebuilders will pay a commission to a buyer’s agent of from 2% to 3% depending on what area of the country you’re in. Because of fair housing laws the Builder's published price list guarantees that everyone pays the same price. With or with out a Realtor. And, no, the builder will not reduce the price of your new home if they don’t pay a real estate commission.
If you are wondering if rebates are legal in your state you may want to refer to Money Magazine’s 2005 Real Estate Guide. Which reported that rebates were banned in Alaska, New Jersey, Kansas, Oklahoma, Rhode Island, Louisiana, South Carolina, Mississippi, West Virginia and Missouri. Rebates were reported as restricted to credits at closing in Alabama, South Dakota, Oregon and Tennessee.
In my home state of Illinois the web site I direct people to is the Illinois Department of Financial & Professional Regulation. www.idfpr.com./
Once on this official state site I tell folks to look in the navigation bar on the left and click on the link that reads General FAQs. On the next page that opens click on the link that says Real Estate FAQs. The next page that opens is titled Division of Banks and Real Estate Real Estate Frequently Asked Questions INTRODUCTION. Scroll down to GENERAL PRACTICES. On line / question number six. That question will read as follows.
May compensation be paid to a principal to a transaction, even if the principal does not have a real estate license?
The Answer: Yes. Section 10-15(c) of the Act authorizes the offer or payment of compensation (“prizes, merchandise, services, rebates, discounts or other consideration") to an unlicensed person who is a party to a contract or lease. Of course, such compensation is not required. The payment of such compensation should be pursuant to the negotiations on the transactions. The payment of such compensation is not limited to payment by a licensee to the licensee's client - in other words, a seller's agent may pay compensation to an unlicensed buyer.
But I just don’t stop there. On the very next line / Question number seven. That question will read as follows: May a licensee offer compensation to solicit clients?
The Answer: Yes. Section 10-15(d) of the Act authorizes the offer or payment of compensation (“cash, gifts, prizes, awards, coupons, merchandise, rebates or chances to win a game of chance") to a consumer as an inducement to that consumer to use the services of a licensee, even if the consumer and licensee ultimately do not enter into a client relationship. Any advertisement under this Section must also comply with all requirements regarding real estate advertisements. Also, care should be taken not to offer compensation to unlicensed persons for referrals of clients - this is prohibited.
This seems to clear up any question as to real estate rebates being legal or not in my home state of Illinois.
Some words of caution if you decide to use an agent offering any type of buyers rebate. 1. Don’t sign a buyer’s agent agreement. This agreement may bind you to using that agent through out your entire home search.
2. Always get the rebate agreement in writing. Something you can take to your attorney if need be. 3. Watch out for agents that offer buyer rebates based on you buying and selling your home through that agent. A good real estate agent will offer you a buyer’s rebate even if you do not list your home with them.
» left by Anonymous (1 year 221 days ago.)
Stephen
I think that Hud / banks have a whole lot more to worry about than a buyers rebate. And, I am very pleased to let folks know that rebates will remain legal in the state of Illinois!!!!! My thanks to Matthew Bester and Bennett Matelson of the U.S. Department of Justice (Antitrust Division) and the Illinois Association of Realtor for all their efforts in defeating HB 4313! I would also like to personally thank Rep. Robert S. Molaro for introducing this Bill. I personally received a ton of free press! My business is booming!
Thanks,
Bill Brynelsen, AKA – Rebate Bill
» left by Stephen Graham from Atlanta, GA (1 year 221 days ago.)
Bill - I did hear that the rebate ban in Illinois did not pass. I still do not understand why the amendment was ever introduced.
Regarding lenders, I, too, do not think these rebates impact them since the funds are coming from the agent‘s commission; however, there seems to be massive confusion over this issue. There needs to be a clear protocol. The DOJ’s attorneys should expound on this issue. As Mike Will noted, the purchaser usually has to acknowledge in the attachment to the HUD-1 that it is "True and accurate of all receipts and disbursements made on my account". Since the lender will not let it be recorded as a POC item, then this could be an issue. Given this declaration attachment, then the USDOJ needs to establish whether or not the rebate is in connection with transaction between the buyer & lender; or, is it only in connection with buyer brokerage services. From my understanding of their writings, it would be the later scenario -- though I am not certain. Respond to this comment
» left by Stephen Graham from Atlanta, Georgia (1 year 200 days ago.)
News: Montana to roll back their rebate-ban. Respond to this comment
» left by Stephen Graham from Atlanta, Georgia (1 year 177 days ago.) "The undersigned hereby acknowledge receipt of a completed copy of pages 1 & 2 of this statement & any attachments referred to herein. I HAVE CAREFULLY REVIEWED THE HUD-1 SETTLEMENT STATEMENT AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, IT IS A TRUE AND ACCURATE STATEMENT OF ALL RECEIPTS AND DISBURSEMENTS MADE ON MY ACCOUNT OR BY ME IN THIS TRANSACTION." Question for USDOJ Attorneys: Is a broker rebate considered a RECEIPT AND/OR DISBURSEMENT ? The answer to that question will determine whether or not HUD-1 disclosure is a must.
» left by Berlin Wall from CuDoJuda (1 year 71 days ago.)
Whenever innovative Realtors and brokers want to break away from the traditional 6-7pc or 3pc BAC, the Mafia comes along, under the name of protecting the public and tries to squash any changes that affect their financial monopoly. They did it with flat-fees by instituting minimum services, now they're doing it against rebates. The public should protect themselves from THEM. In America, we're supposed to allow people to choose what's best for them by providing them options, choices, alternatives. The Real Estate Mafia - which is what they are - wants to control, lobby, monopolize and penalize anyone who strays from the fold. What needs to happen is this: Owners and buyers need to get together and bypass the middleman, just like WalMart, Dell, etc. A new MLS needs to be created and they need to take away the power from State Divisions which are primarily controlled by current mafiosi or former mafiosi who instigate no alternatives for home buyers and home owners. The current system MUST be dismantled like the Berlin wall that kept everything "inside" just like they do now. This crap about banning anything that benefits the public has gotten even the DOJ up and arms with Anti-Trust issues. But remember this, the real estate industry is very powerful. It has a lot of money so small brokers and revolutionaries can only count on the public and anti-trust bodies to protect and help them. Show the public over and over how much money they can save when they list or sell and flood the Internet with that information. Once the public realizes that they're NOT saving money, especially in the current economic scenario, they will embrace, welcome and even promote flat-fees, rebates, etc. to their friends and family and when the monopolist mafia comes knocking, the public will say: No thanks. I can save money doing things my way. I predict that in 5 years, the mafia will be dismantled and the public will be able to CHOOSE the services they need and brokers won't be forever worried about the mafia passing state laws that are biased, unilateral and disguised as beneficial to the public! Respond to this comment
» left by Patel from Decatur, IL (76 days 11 hours ago.)
About(dot)com have a real estate agent, who is just thinking about her professional community but this article is wonderful. Well balanced with fact and without bias towards profession. Thank you.
The above calculation of buyer's agent commission and buyer rebate works if you receive the entire buyer's commission (meaning $0 to buyer's agent's broker). This is the case in some States, where agent and broker company share their commission. Please advice how was that factored into your calculation.
The math in my rebate example is correct. No, it does not work if your splitting the buyers or buyers agents commission with a broker. That is the point of the entire article. FIND AN AGENT THAT CAN OFFER A REBATE!
» left by Lion from Southern California (62 days 16 hours ago.)
Lion’s Share Realty is a Southern California buyer’s discount brokerage where we rebate today’s home buyer everything above 1 percent of the selling office commission. We feel strongly that old traditional pricing models with intelligent and very informed home buyers in our real estate industry are passé. Also, the NAR has taken the “you get what you pay for” position on the matter, which includes, lack of experience and less service. However, I find the pricing model and competent professional Realtor service still need to go hand and hand. Respond to this comment
Thanks for your comment. It's nice to see a company that "gets it" Please stay the course with your rebates to homebuyers. It can be a tough program to explain to buyers but with the help of the Internet and more companies offering cash back rebates to homebuyers. The message is getting out and business is getting better every day. Even in this down turn!
» left by Anonymous from Calgary, AB (61 days 16 hours ago.)
Many consumers are so stupid, that they waste thousands of dollars for nothing. If they just spend 10 minutes do a google search, read about rebate realtors' offers, and think about it, they can buy their dream home, with same if not better services, and get several thousands cash in pocket at the end of day. But instead, most of them don't do anything, just keep on shopping with traditional greedy bunch of realtors making tens of thousands out of homebuyer's equity for hours of work.
If those consumers are born rich or work as CEO or on Wall Street, well, rebate doesn't matter for money just come too easy. However, most consumers aren't.
If you feel short in $ one day, feel poor at retirement, don't blame anyone else, look back at countless cases of you wasting your own hard-earned money meaninglessly, & blame yourself.
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