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The seller's paying, so get your own agent

Dear Steve,
I am buying a house without an agent. If the seller of a home has an agent, do I have to pay the agent's commission? -- Sadaf

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Dear Sadaf,
Though there are many different arrangements that the buyer and seller can settle upon with their agents, the buyer's agent is generally paid out of the commission that the seller has agreed to pay the listing agent. So no, you probably won't be asked to pay any commission in this purchase.

But that raises another question: Under such an arrangement, why not use a buyer's agent to run interference for you?

I realize you might enjoy a slight savings on the purchase, providing the seller agrees to lower the home price as a concession to his savings of half the standard 6 percent commission, since there's no buyer's agent to compensate. That's assuming the seller's agent will agree to such arrangement. (Many will, particularly agents who haven't rung up too many sales lately.)

You may be thinking the seller may lower his price by the amount a buyer's agent would get -- but it's not likely. If you contacted the listing agent to see the house, that agent is going to feel entitled to both ends of the commission. Unless the negotiations over price become a sticking point, that agent probably won't volunteer to reduce the fee.

But is it worth it? Are you willing to deal with the extra effort, aggravation and time to do the research necessary to avoid overpaying for the home? Sure, you can find your own home inspector and closing agents and work your way down the checklist of other to-dos in the home-buying process. But do you feel comfortable performing your own comparative, or "comp," market analysis. Are you a good negotiator?

Regardless, don't expect the seller's agent to do your footwork. In some states, the listing agent has an exclusive duty to the seller. Having your own agent, in the end, just might save you from making a wrong decision that could cost you thousands of dollars. It is also safe to say that going without representation in this kind of a complex capital purchase is a gamble under any circumstances.

A buyer's agent, by nature, has an exclusive fiduciary duty to you and is obligated to look out for your best interests. That agent may also help guide you to the right lender or most-thorough inspector.

All said, I strongly suggest that you hire an agent this time around, especially if you're a first-time home buyer.

Either way, best of luck to you in shopping for a home.

Bankrate.com's corrections policy
-- Posted: July 9, 2005
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