| > Maybe this is incorrect but it's rarely the middle man stepping in to take the bullet. Yes, the seller is the party responsible. However, if he hired an agent and was relying on the agent's advice, the seller can sue the agent. That is the difference between hiring an agent and doing it yourself. You are basically paying the brokerage to insure you against sticking your foot in your mouth, and the brokerage -- to limit their liability in the first place -- gives you an agent who tells you how not to screw yourself. As you yourself said, once you threatened to sue, the agencies started getting stuff done. That's the point. If you didn't use them, you would have no one to shift the blame to. > That being said I do believe it's s scam that realtors in a legacy mindset are offended when negotiating their rate comes up - regardless of their work put into the sale of the home As someone who believes in the free market, I of course do not object to wanting to negotiate rates, but if no agent is willing to do it, well then, they're just charging what the market will bear. You are, of course, free to sell your home and take on the liability yourself. |
This is exactly why I've sold my homes FSBO with an actual real estate lawyer. Real estate agents are rarely lawyers and their training sometimes seems to give them the idea they are legal experts - they are not. The point I was making was that the agents both made mistakes and neither were held accountable. The reason the agencies stepped in was to fix the mistakes (legal mistakes) that were made. There are other ways to sell a house that do not require an agent that do protect you as a seller (or a buyer). I don't use agents anymore because of this and I've had nothing but a more positive experience given that the information from the buy side is much more accessible, and cheaper. I know what I'm looking for and I'm well capable of setting up searches to find that. Realty agencies know this and are trying to protect their vested interest by playing new games like "premarket" opportunities. I don't see how they're progressing the experience, but are only making moves to protect a legacy model. Very similar to how ridesharing has been, overall, positive disruption.