Why Most Real Estate Agents Suck: A Buyer and Seller's Perspective

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The real estate industry has long been criticized for a lack of transparency, questionable practices, and a general disregard for the needs of buyers and sellers. While there are undoubtedly exceptional agents who provide outstanding service, many homeowners and buyers have encountered subpar experiences.

The 3% Commission Conundrum

At the heart of many issues lies the standard 6% commission split between buyer and seller agents. This fee structure has become entrenched, with many agents viewing it as an entitlement rather than a fee earned through exceptional service. 

This often leads to:

• Lack of Motivation: Agents may prioritize speed over quality, focusing on closing deals rather than advocating for clients' best interests.

• Price Gouging: In some cases, agents may inflate property values to justify higher commissions.

• Limited Negotiation: A reliance on the standard commission can hinder agents' willingness to negotiate on behalf of clients.

*The NAR Settlement: In response to antitrust lawsuits, the National Association of Realtors (NAR) agreed to changes that will impact how real estate commissions are displayed and negotiated. Starting in August 2024, MLS listings will no longer include the commission offered to buyer agents. This change is intended to increase competition among agents and potentially lead to lower costs for consumers.*

While the exact impact of these changes remains to be seen, it is expected to:

• Increase transparency: By removing the standard commission display, buyers and sellers will have a clearer understanding of the negotiable nature of real estate commissions.

• Promote competition: Agents will need to differentiate themselves based on service quality rather than relying on standard commission rates.

• Empower consumers: Buyers and sellers will have more control over the negotiation process, potentially leading to cost savings.

*Buyer Agency Agreements

The Agent's Role: Beyond Showings and Paperwork

While many agents can schedule showings and complete paperwork, providing exceptional service requires a deeper level of expertise and commitment. 

Common shortcomings include:

• Lack of Market Knowledge: Many agents have limited understanding of local market trends, pricing strategies, and neighborhood dynamics.

• Poor Communication: Failure to return calls or emails promptly, or providing unclear or misleading information can frustrate clients.

• Pressure Tactics: Some agents resort to high-pressure sales tactics to push clients into making quick decisions.

• Limited Negotiation Skills: Inability to effectively negotiate on behalf of clients, resulting in suboptimal deals.

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The Impact on Buyers and Sellers

These issues directly impact homeowners and buyers:

• Higher Costs: Inflated commissions and subpar service can lead to increased costs for both buyers and sellers.

• Stressful Experiences: Dealing with incompetent or unresponsive agents can create unnecessary stress and frustration.

• Difficulty Finding Your Dream Home: Agents who prioritize quantity over quality may not be able to find the perfect property for buyers or attract the right buyers for sellers.

The Illusion of Positive Reviews

To make matters worse, many platforms designed to provide consumer feedback, such as Zillow and Redfin, often present a skewed and overly positive picture of real estate agents. These platforms may filter negative reviews, making it difficult for consumers to get a true sense of an agent's performance.

*Does Redfin survey every customer and post every review? When Redfin and the customer agree that the customer will not receive a survey or will not have their survey response posted

It's essential for buyers and sellers to conduct thorough research beyond online reviews, including asking for referrals from friends, family, and colleagues. Additionally, platforms like social media and online forums can provide more candid feedback from real people about their experiences with different agents.

Taking Control: The Rise of FSBO and Buyer Representation

The growing popularity of For Sale By Owner (FSBO) models and the push for increased transparency in buyer agent compensation reflect a growing dissatisfaction with traditional real estate practices. By understanding the market, educating themselves, and being proactive, homeowners can take control of the selling process and achieve better outcomes.

While real estate agents play a valuable role in the home buying and selling process, it's essential to recognize that not all agents are created equal. By being informed and discerning, buyers and sellers can improve their chances of a successful and satisfying transaction.

The New Era of Buyer Agency Agreements

Recent changes in the real estate industry, specifically the elimination of broker compensation fields on Multiple Listing Services (MLS), are aimed at increasing transparency and competition. While the full impact of these changes is yet to be seen, they underscore the importance of clear communication and negotiation between buyers, sellers, and agents.

Example Buyer Agent Agreements

Touring-Agreement-zCopyrighted-vr041124 Zillow

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Download PDF • 26KB

New Jersey Buyer Agent Form

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Download PDF • 116KB

9.4 BUYER REPRESENTATION AGREEMENT

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Download PDF • 783KB

• Buyer Representation Agreements: These agreements will become increasingly important as they outline the terms of the relationship between the buyer and agent, including compensation.

• Negotiation: Both buyers and sellers should be prepared to negotiate commission rates and other terms of the transaction.

• Client Focus: Agents who prioritize client satisfaction and open communication will be best positioned to succeed in the new market.

Disclaimer: This article is based on general observations and experiences within the real estate industry. Individual experiences may vary.