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Re:Jury Finds Realtors Conspired, Awards Nearly $1.8B in Dam... by majormajor on Tuesday October 31, 2023 @04:16PM (#38090736)
> I bought a few years back and we didn't really use an agent to find the house at all. Looking into it, I found that a certain percentage of the sale amount goes to pay the agent(s); 6% I think. If there are two agents, they each get half. If one person doesn't use an agent... the other person's agent gets it all. The person without an agent doesn't get to keep their half... it just all goes to the other agent. Wtf...

In hot markets this is a way people often get an advantage as a buyer: tell the selling agent you want to use them as your agent too, so they get the whole 6% if the seller picks your offer. So if the bids end up being close, the agent ends up lobbying for you (or lobbying you to make your offer closer).

Some selling agents refuse to do this because it's pretty shady, but definitely not all.

I've also heard of similar things including negotiating down the selling agent's cut as part of it but haven't seen as much of that firsthand.

Re:Jury Finds Realtors Conspired, Awards Nearly $1.8B in Dam... by _aavaa_ on Tuesday October 31, 2023 @04:22PM (#38090814)
> Some selling agents refuse to do this because it's pretty shady, but definitely not all.

This is a blatant conflict of interest. My god.

Re:Jury Finds Realtors Conspired, Awards Nearly $1.8B in Dam... by ska on Tuesday October 31, 2023 @04:38PM (#38091038)
The entire thing is a bit of a racket.
Re:Jury Finds Realtors Conspired, Awards Nearly $1.8B in Dam... by ethbr1 on Tuesday October 31, 2023 @04:44PM (#38091127)
It's only a conflict of interest if either the seller or the buyer expect their agents to negotiate price for them.

Generally agents steer well clean of that, for legal and time reasons.

A realtor is there to put properties in front of you / put your properties in front of others, and then close the deal when you tell them which property you're interested in.

Volume pays realtors, not price-over/under-replacement.

Re:Jury Finds Realtors Conspired, Awards Nearly $1.8B in Dam... by DavidPeiffer on Tuesday October 31, 2023 @05:38PM (#38091751)
>It's only a conflict of interest if either the seller or the buyer expect their agents to negotiate price for them.

There are other details that come up through a transaction that many people wouldn't even think about. Are appliances included? Window treatments? Leftover paint? What year the transaction closes could impact taxes or incentives for either party. Inspections (what types of inspections are permitted, their timeline, what will be repaired prior to sale).

If there are disagreements about any of those, or if the property was materially misrepresented by the selling agent, it's way more messy than if another agent is involved and it's clear who represents who.

Re:Jury Finds Realtors Conspired, Awards Nearly $1.8B in Dam... by _aavaa_ on Tuesday October 31, 2023 @04:58PM (#38091284)
It’s a conflict regardless of negotiating price.

Your realtor (as the seller) is now going to give preferential treatment to one buyer for their own personal gain.

Re:Jury Finds Realtors Conspired, Awards Nearly $1.8B in Dam... by ethbr1 on Tuesday October 31, 2023 @06:35PM (#38092319)
The realtor doesn't care which side of the party "wins", as long as the deal goes through.

So they're only preferring whoever is bitching the loudest?

Re:Jury Finds Realtors Conspired, Awards Nearly $1.8B in Dam... by conductr on Tuesday October 31, 2023 @04:57PM (#38091266)
It will be presented to both parties. It's not a hidden conflict.
Re:Jury Finds Realtors Conspired, Awards Nearly $1.8B in Dam... by _aavaa_ on Tuesday October 31, 2023 @05:28PM (#38091641)
Hidden or not it still is one.
Re:Jury Finds Realtors Conspired, Awards Nearly $1.8B in Dam... by conductr on Tuesday October 31, 2023 @09:41PM (#38093660)
I guess my point was, if it’s transparent the seller can easy take that into consideration when evaluating the offers. I’ve never given much thought to an agents opinion once I’m at that stage. I can evaluate the offers, their job is get bring them to me.

If people are out there just doing what their agents say with no questions asked, well, then yeah probably insist your agent doesn’t represent the other party too.

Re:Jury Finds Realtors Conspired, Awards Nearly $1.8B in Dam... by cj on Tuesday October 31, 2023 @05:02PM (#38091327)
I did this with my first home purchase (although not intentionally to get a better deal, I just didn't see the value in engaging a realtor). Saw a home on Zillow, emailed the agent, scheduled my own showing, and put in an offer without a realtor.

Needless to say, I probably got some preferential treatment since, if the transaction closed, the seller's realtor gets double the commission.

It's called "dual agency" and I think it's illegal in some states (for good reasons). When realtors are acting as a dual agent, representing both buyer and seller, there are strict rules they're supposed to follow to prevent a conflict of interest, but in practice it's difficult to make sure everyone is playing fair. I'm pretty sure the seller needs to sign a consent form with their realtor in order for them to represent both sides of the transaction.