Dallas-Fort Worth Real Estate Investor Club

Hello Michael,

I'm sure you already understand that if you reject the Buyer's Representation agreement, then the agent can only work in the best interest of the Seller.

If the deal you negotiate with your offer includes Buyer paying the agent's commission (which is negotiable), will the numbers work for you?

If not, can you and the agent negotiate a smaller amount (percentage or flat fee) which will work for you?

The agent should be able to determine up front whether the Seller is paying the Buyer's Agent commission. You may be able to make a "go/no-go" stipulation in the Buyer's Representation agreement that if Seller does not agree to pay Buyer's agent commission, then you will not purchase the property.

The TAR form for Buyer's Representation is a contract, and can be modified to fit different situations. Have a discussion with your agent to determine if you can agree to terms more favorable to you. Check with your attorney for  the correct language to use for the terms you want.

Thanks,

Terry

I emailed my agent and expressed my concern over that clause, and asked about the go/no go provision.  She replied back that the agreement isn't necessary; it just serves to solidify that I'll work with her and not deal with the seller's agent directly and bypass her after she's done work on the deal.