The Disappearance of Buyer Agency

What if?

Seems like it’s at least possible at this point that buyer agency could cease to exist in the next year or two. A lot of people make the majority of their income from working with buyers.

What if there was no more need for buyer agency?1

Maybe the seller could save 2-3%. I’m of the mind that it would mean they’d get less activity on the property, at least until if/when this became the norm. Then, maybe, buyers will have found a more direct way to find the home and then the listing agent would benefit. But even then, if the listing broker can’t represent the buyer (or doesn’t want. to because they’re not incentivized and they’re otherwise just incurring more liability), who helps them negotiate? Even if a seller did have multiple buyers wanting to buy their house, how would those buyers negotiate well on their own behalf without representation? The listing broker can’t do it without establishing Dual Agency (permissable in NH), and I know I wouldn’t want to without money to justify both the work and the risk.

Maybe everyone will just have to hire attorneys on the buyer side.

The prevailing argument of the class-action lawsuits is that sellers had to unjustly pay for buyer agency, and that the fees paid for buyer agency were inflated and that the whole situation was anticompetitive.

From my perspective and that of many people I know, buyer agency was effectively a marketing expense for sellers. Anywhere (formerly Realogy) settled for north of $80m, and ReMax settled for around $55, but NAR, Home Services, and Keller Williams have yet to settle.

If buyer agency continues to diminish, it’s going to make for an interesting world in the real estate industry.

There is already a glut of agents that are picking up one deal here, two deals there. But when you factor in how many of those agents there are (many), it becomes easy to see how they affect the bottom line for everyone else who does this to make a living.

The end-result situation of no buyer agency could potentially be more lucrative for listing agents, even if the double-siding transactions goes away. Listing agents would be more likely to secure representation of the sale of the buyers’ homes and that would yield more business. Having to work both sides of a transaction (even if the buyer is self-represented) means more work overall.

I don’t think the industry is so unsophistocated to let buyer agency fall between the cracks without some company rolling in to disrupt the real estate industry even more with some “solution” to the problem. This could get worse before it gets better though, for people in the industry as well as for the consumer.

It will be interesting to see how things play out. I’m not sure whether articulating a really great buyer agency value proposition is going to cut it for buyer agents. Money talks and bullshit runs the marathon, as Nino Brown said in New Jack City. If buyers have to come out of pocket for $8-$10k on a $400,000 purchase (or $4-6k on a $200,000 purchase), they might decide not to come out of pocket at all.

  1. I think the need is there until something better replaces it, but from the consumer’s perspective, if the seller can save money by not paying out buyer agency and still sell their house, then I think they’re going to see it as unnecessary. It’s up to us to accentuate the value of having buyer agents because of their incentive to bring qualified buyers to the listing in the first place. ↩︎
The Disappearance of Buyer Agency

Warm Buyer Lead Process

Most of the buyers that I deal with either find me online or are referred to me by someone I know. That doesn’t mean I’m not interviewing to work with them or that I’m not otherwise on trial.

It usually begins as an email or a form they fill out on my website or sometimes as a text message. Almost never is this a phone call.

I greet them and then I move on to selling the appointment. I’m not selling them a house or anything else. The only thing I’m focused on is selling the appointment. I either want to get face-to-face (ideal, if they’re local) or on the phone.

It’s usually easier to justify the phone call as a first measure. It’s easy to do because I can step them up by selling them on a “quick phone call when it’s convenient for them.” If they’re warm (which all these kinds of leads are), this is rarely met with any resistance.

Once I get them on the phone, I—casually—work through the questions that I want answered. I qualify them. I usually begin by encouraging them to explain their situation to me. 1 Once they’ve finished, I’ll reiterate some of what they’ve said back to them, “You’re living in Virginia with your wife but you’re moving back up and want to begin your home search in the spring. That makes sense,” and then I’ll move into some questions that I have. I’ll usually preface this question-asking by saying something like, “I just have a few questions for my process that I’ll ask you now. Does that sound alright?” Then I’ll move through my qualifying questions. 2

  • What’s the best email for you?
  • How do I spell your last name (if that’s not already known)?
  • You mentioned your (spouse, wife, husband, children, dog, aunt, etc.). Is it just them that’s moving with you? (Identify the decisionmakers)
  • Great. What is/are their name(s)?
  • What do you expect is your budget? 3
  • Are you preapproved?
  • Are you open to speaking to my number 1 mortgage professional (whether they’re preapproved or not, I sell the relationship because he’s excellent at what he does and it makes a big difference in the experience)?
  • What’s your timeframe/when would you like to be settled?
  • What do you expect from someone in my position?
  • Do you have a house to sell?

I don’t robotically go through these questions unless there’s an utter lack of rapport, then sometimes it does feel a bit forced. I go through these questions conversationally with context added in and around them. With the question about what their expectations are, I might begin by saying something like, “You’ve bought a house before/sold a house before,” or, “Maybe you’ve never bought or sold a house before, but maybe you’ve dealt with an attorney or a financial advisor where the person you were interacting with was in a position to help you with an important matter. In situations like that one as well as our situation, what sort of things are important to you or do you expect from the person that’s in my role?”

In this portion, it’s pretty natural to touch on agency and why it’s important to have a relationship with an agent that is on a client level rather than a customer level. Today, the prospect mentioned that it seemed like their agent—when they bought their current home—was only showing them houses that the agent wanted and was less inclined to show them houses they wanted to see. I explained that usually in this situation, which is a common complaint among consumers, the agent was likely trying to steer them toward listings the agent or the agent’s office represented because there was a financial incentive to do so. I went on to explain that this is why it’s important to have a buyer agent who respects the nature of the fiduciary relationship and is out to represent the client and their best interests, not the other way around. This is a useful pre-frame for setting the second appointment/call where you review paperwork and secure the client.

If there’s some rapport, the conversation should flow somewhat smoothly.

Once I get through these, the next step is to sell the appointment/second appointment. 4 I’m working to establish the next steps as I’m concluding my conversation. If they’ve agreed to talk to the lender, I’m explaining that I’ll be sending them an email once we hang up so they’ll have my contact information and I’ll also include the mortgage professional’s contact information. If they’d prefer, I can have the lender reach out directly to them so it’s one less thing they have to think about. 5

The next step from there is to set up a time so we dig further into the agency laws and discuss more about what it looks like to form a representative relationship. At this point, too, we can really dial in the home search criteria and set up an automatic search using the MLS so they can begin seeing properties.

When’s a good time for them? This will either be a phone call or a face-to-face appointment. Depending on the level of rapport, I may insist on the spouse being present. If they’re not local, it’s difficult to justify their driving to meet me at an office or public place for this purpose, especially when we can e-sign everything. If they are local, that’s almost always my approach, but I’m backing off trying to get non-local people to drive to meet me just so we can review the paperwork. The warmest of them will, but I think it’s more of a challenge than most people are willing to bear. So opt for the phone call with one or both and review the client paperwork together to answer questions like you would in person. This is where you secure the client, and that’s the second step in the buyer process.

  • Step 1 – Secure the appointment/call
  • Step 2 – (Secure the second appointment/call so you can…) Secure the client
  1. This will be what their current situation is, who all is involved, etc. ↩︎
  2. I’ll write out these questions in a note in my CRM so I can type them in during the call and just click save. I used to keep them in my Notes app under a folder called Buyer Notes (and Seller Notes). I still will grab quick stuff there as it comes up but the CRM is the ultimate storage place for all things people. ↩︎
  3. Their response will tell you how much they’re aware of their ability to buy. Some people have this very dialed in, others will speak in terms of a monthly payment, and others will take a stab, arbitrarily, at a dollar amount for the house. It’s less about what they say and more about how they say it so you can intuit, in the moment, how to proceed. This question sets up your tonality and approach for the next two questions. ↩︎
  4. If I got the appointment in the first place rather than the call, I’ll go through all these things in person. I’ll almost always have at least a quick call before scheduling the appointment in person. ↩︎
  5. Usually this has appeal to it, assuming they’re open to the conversation with the LO. ↩︎
Warm Buyer Lead Process

High Stress, High Stakes

Dealing with difficult people during difficult times is unfortunately something that characterizes the role of the real estate professional. High stress, high stakes. And let’s be honest, sometimes the situations themselves don’t really seem that intense.

Looking at a $400k condo +/- negotiating an extension deadline for a financing contingency and a closing. Big fucking deal.

But in reality, the sellers I represent already got buyers to the closing before the buyer breached contract and bailed. Here we are, sold it again, made it to the eleventh hour, and the buyer agent is requesting a second extension of the financing deadline.

If that were all, it would be annoying, maybe frustrating. Add to these kinds of situations marital separations, pending foreclosure and auction, looming bankruptcy, or loss of job or loved one — suddenly, these apparently basic situations and negotiations are incredibly high stress, high stakes.

And it’s our job to show up. To stay even-keeled. To be the objective one that has their shit together and also knows what’s going on so we can manage the situation as best we can.

Takes practice. But we get better at it. We get better at recognizing what’s our ego and what’s actually in the best interest of the client. What needs to be said, what should be said, what doesn’t need to be said, and what shouldn’t be said. We learn to let ourselves have fun with the draft email but delete most of it and wait until the morning to revise it again if needed and actually send it.

This is one of the skills that makes us good at what we do. It’s where we can be of immense value or significant detriment to the people we serve.

High Stress, High Stakes