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Alternative Broker Fee Structures

Started by uws96
about 11 years ago
Posts: 23
Member since: Mar 2012
Discussion about
Have folks on this board used non-standard broker fee structures, especially for apartments in the $5 million+ range? The problem I have with the standard fee structure is that it incentivizes the broker to transact vs. maximize value for the owner. And lest this become yet another "brokers are greedy" thread, let me say that in my opinion it is less about that but more from pressure coming from... [more]
Response by dmargolies
about 11 years ago
Posts: 9
Member since: Jan 2010

Hi UWS96, this is called a net listing, where the commission percentage earned is tied to the net price a seller would receive. It is illegal in New York State. Actually it is illegal in most of the 50 states.

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Response by JMHunt
about 11 years ago
Posts: 21
Member since: Apr 2013

@dmargolies: Besides being ridiculous, what uws96 described is not illegal. A net listing would be if the seller said they wanted to net $5,000,000 and the broker would keep anything above and beyond, so if the broker sells for $6,000,000 they would get a $1,000,000 commission. This is illegal.

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Response by NYCNovice
about 11 years ago
Posts: 1006
Member since: Jan 2012

Illegal under what statute? I don't know anything about this area of law and only vaguely recall Justice Department's attempt to challenge anticompetitive practices in real estate. Were I an agent, I would be very frustrated if I could not negotiate whatever fee structure the market would bear.

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Response by JMHunt
about 11 years ago
Posts: 21
Member since: Apr 2013

@NYCNovice: Illegal under under Department of State Licensing Law. It's called a Net Listing and it's illegal.

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Response by NYCNovice
about 11 years ago
Posts: 1006
Member since: Jan 2012

Thank you fore reply JMHunt. Sheer curiosity: As an agent, how do you feel about its being illegal?

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Response by JMHunt
about 11 years ago
Posts: 21
Member since: Apr 2013

NYCNovice, I'm fine with it. It's meant to protect the unsavvy consumer, who may not be aware of the true value of their property, against predatory agents

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Response by REDisruptor
about 11 years ago
Posts: 7
Member since: Sep 2012

Is this structure necessarily a "net listing"? Based on a quick Google search, a net listing is defined as "An arrangement in which a property owner pays the listing real estate agent all purchase price proceeds over and above a minimum figure required by the owner. " The structure above would not pay all proceeds above a minimum amount, but rather a higher fee (as a percentage) which ratchets up at various pre-specified thresholds. I'm not a lawyer so I could be mistaken in my interpretation.

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