Do you know that Alberta’s real estate and mortgage industry members are required to tell you how they’ll be paid for their services? It’s important you know this, as it could prevent unexpected expenses later and have an affect on how your transaction proceeds.
Who is my contract with?
Even though you’re working with a specific real estate and / or mortgage industry member, all members are actually employed by a brokerage. Industry members are authorized by brokerages to represent them when working with clients.
That means that all contractual agreements you enter into are between you and the brokerage, not between you and an individual that you – as the client – pay a fee to the brokerage, who then pays the industry member.
- Industry member Andy is employed by Apple Brokerage and is authorized to represent the brokerage in its transactions with consumers. As a representative of Apple Brokerage, Andy entered into a Buyer Brokerage agreement with Bethany Buyer. Under the agreement, Apple Brokerage, through Andy, has agreed to locate a suitable property for Bethany to purchase. If successful, Bethany pays a fee to the brokerage for their search assistance. When Bethany’s payment is received, Apple Brokerage then pays Andy. Remember, individual industry members receive payments as a result of real estate or mortgage transactions from their broker only. Avoid any requests by an industry member for direct payment. If this happens, refuse the request and cal the industry member’s brokerage to let the broker know.
About service agreements
Fee payments are outlined in the service agreement between you and your brokerage. The most common types of service agreements are:
- Seller brokerage agreements or listing contracts
- Buyer brokerage agreements or buyer representative contracts
You and your brokerage representative will agree to the fee payment details specified in the contract.
Calculating the fee.
Brokerage fees are calculated by:
- a percentage of the sale price (for real estate)
- a flat fee or schedule of flat fees
- a fee for service
- a combination including any of these
Note that real estate and mortgage brokering is a service, making Goods and Services Tax (GST) applicable.
Brokerage fee calculations.
You and the real estate brokerage can negotiate any terms agreeable for services provided. Any of the following calculations are possible:
Flat fee: The fee will be fixed or flat fee regardless of the sale price. The amount will be any amount agreed to by the client and the brokerage represented by the industry member. For example, a property may be listed at an initial asking price of $250 000 and sells 45 days later for $239 750. The client and the brokerage have agreed on a flat fee of $10 000 + GST that is not a percentage of the asking price or final sale price.
A combination of fee calculations: For example, a flat fee plus a fee for services based on an agreed list of extraordinary services to be provided during the agreement period. The client and the brokerage agree that the fee will consist of two components, neither of which will be a percentage of the asking price or final sale price. The total fee includes a $5 000 flat fee for listing and marketing of the property and a total of $5 000 more for three extraordinary services consisting of $2 500 for open house marketing, $1 500 for preparation and distribution of a unique property brochure and $1 000 for development and maintenance of a single property website for a total of $5 000 + $2 500 + $1 500 + $1 000 plus GST.
Other types of fees
- A real estate industry member can refer a client to a mortgage broker for their financing needs.
- A mortgage broker might refer a client who has discussed mortgages with them to a real estate industry member to purchase a property.
- A residential real estate industry member may have a client requiring commercial on property management services and may refer the client to an appropriate brokerage.
- A client may be moving to a community where his current industry member has no experience. The client can be referred to a qualified person in that community. Before accepting a referral payment, industry members must disclose to you in writing that your information is being forwarded and that they may receive a referral fee. They must take reasonable steps to ensure the person they refer you to is authorized to perform the activities. As with all fees, referral fees are paid to the brokerage, with the brokerage in turn paying the industry member.
Fee calculation: The Real Estate Act prohibits a real estate brokerage from calculating a fee based on the difference between the gross sale proceeds and the net sale proceeds deemed acceptable by the seller. This situation may occur when a poorly informed seller under-estimates the value of a property and a dishonest practitioner fails to offer proper advice and takes advantage of the situation. For example, a seller tells his industry member he thinks his property might sell for about $150 000 because another property in the neighbourhood sold for that amount. The industry member already knows of the neighbourhood sale. In fact, he has been in the property and knows his seller’s property is far superior. Rather than $150 000, the industry member thinks his seller’s house can sell for $170 000 or more. The industry member realizes the seller is unaware of the true value of his property. If he is unscrupulous and willing to contravene the Real Estate Act, he may tell the seller, “If you’re happy with $150 000, I’ll try to sell your property for that and keep anything above that as my commission”. The uninformed seller may think this is a fine arrangement; after all, his neighbour got $150 000, but then had to subtract the commission costs and his agent is offering to get him $150 000 and will only keep what he might get over that amount. However, the seller is unaware of the value of the property. Should the property sell for $170 000, the agent would collect $20 000 as his commission – far more than he would typically earn on a sale of this value.
Commissions are negotiable
Wise consumers know that the cheapest deal isn’t always the best deal. The old adage of “you get what you pay for” applies to real estate services too. Shopping around for an agreeable mix of services offered at a reasonable commission is recommended. Every brokerage will have its own policy on services and fees. Consumers are free to negotiate their own agreement withe the brokerage of their choice.
Before entering into a contract, you’ll want to compare services and fees of a few brokerages by interviewing industry members. The interviews help you understand the range of commission rates available and the different types of services provided at the various rates. This assists consumers in working out a fair and equitable arrangement wit their brokerage of choice.