Negotiation skills

Buying agents or purchasing agents are people or companies that offer to buy goods or property on behalf of another party.^[1] Indent agents or indenting agents (or firms) are alternative terms for buying agents.^[2] An indent is an order for goods under specified conditions of sale.^[3][4]

There are agents for all kinds of products, from raw material commodities through to specialized custom equipment.

In the United States, agents who buy real estate in this way are also known as property search agents or buyers’ agents and are professionals exclusively acting on behalf of a property buyer who assists the client during the entire purchasing process from sourcing the properties that correspond to the clients' requirements to negotiating the best possible price and terms with the seller and helping the client during the legal process to complete the acquisition.

Buying agents often preview properties on behalf of their clients, shortlist the most suitable, and usually accompany clients to all viewings. In order to ensure the most efficient property viewing experience, most agents offer a chauffeur and sometimes even helicopter viewings to their high-end clients. Often they will also offer personal concierge services which can schedule all viewings, book hotels, transfers and other amenities for the client. These services can be particularly useful to international clients who tend to fly in to view properties. In addition agents are typically able to connect the client with all necessary technical trades people who are required at different stages of the buying process such as lawyers, surveyors and other professionals.

Buying agents might have access to off-market properties through their network of contacts, although this depends on the market conditions and on how well connected the agent is locally.

The ethical behavior is a very important aspect to measure the professionalism of a buying agent: at any time they must advise their clients with no self-interest for their own success fee.

While initially buying agents catered exclusively to wealthier demographics, lately, especially in more competitive markets like London or Paris, the entry-level has significantly dropped to properties valued at around £500,000 or €500,000 (see The Daily Telegraph,^[5])

At one end of the spectrum lie the super introduced local property experts who can be an invaluable resource for a buyer who is set on off-market or pre-market properties as well as private deals. These professionals are often able to source off-market because they have close ties with estate agents (or, in the United States, real estate brokers), they know other local intermediaries who may flag exclusive confidential deals, such as lawyers, private bankers, investment managers or other professionals and they sometimes know personally the owners of the best luxury properties for sale in the area they cover. If this is what the buyer is looking for then the size of the company is less relevant as contacts are made over time and lie in the hands of a few experienced professionals who may operate within larger organizations as well as on their own. Buying agents also often have close ties with property developers where the agent can get access to new properties before they come onto the open market.

The better buying agents will also have extensive knowledge of the properties in your target area and will contact owners of suitable properties directly to enquire if they would sell. This does put you in a weaker position in the negotiations but it means that you will have access to properties that other buyers won't and if your buying agent is a skilled negotiator then you may not have to pay a premium.

At the other end of the spectrum there are agencies that act more like relocation companies, well organized, operate in various languages, help their clients with all required paperwork, are well connected to various professionals and other companies in order to provide a full-blown service; these companies may be less capable of scouting off-market transactions or deal directly with private property owners.

Independent buying agents like to stress their autonomy from selling agencies who, depending on the country, either act on behalf of sellers or as mediators between the two parties (See The Independent,^[6]). On the other side some well known estate agencies also offer buying services despite reservations over conflict of interest.

Because of the different nature of buying agencies, prospect buyers are often advised to contact more than one company to compare and contrast their benefits. As is often the case, it can be better to hire a professional who is more capable to listen and understand our needs even though his or her company does not entirely tick all the other boxes.

Most buying agents have significant transactional experience; however, like estate agents, only few of these professionals have a surveying qualification so they may not be the best advisors when it comes to valuing the property and predicting future market trends. For this reason the buyer may rely on other advisors or their own judgment before taking an investment decision.

From a geographical standpoint buying agents’ coverage ranges from a rather limited focus on few specific city districts or sub regional areas (a few towns and their surroundings) to nationwide 'chain' services. However each company has a few areas where it is stronger and only in those locations may it be able to deliver a superior value, especially when it comes to sourcing special opportunities. Only few companies in Europe have expanded to cover more than one country by employing different professionals.

There are varying terms for a buying agent which include: property consultant, property acquisition consultant, relocation agent and property finder. As per the above paragraph their skill sets vary slightly but the business is very similar. As this specific section within the property industry is still relatively new, in comparison to estate agents for example, the specific terms used are still debated in each country.

In some European countries, like the UK, buying agents do not need to pass any specific exam or get any certification to start practicing their profession while in other countries, like Italy, France or Spain they have to conform to the same qualification and legal requirements as selling agents do, even though the two roles differ substantially. This seeming gap in the regulation may be filled if and when the industry is going to mature.

Buying agents fees depend on the specific property market and often vary within a certain country. The overall fee structure is made of a small registration fee which is refundable (provided that the buyer completes the purchase within a certain time defined in the contract) and is charged upfront, and a success fee which is a percentage of the purchase price of the property and is paid at the exchange of contracts or when a preliminary contract is signed.

Buying agents generally require exclusivity meaning that the client cannot continue to search on its own or via estate agents for the duration of the contract, which generally lasts from 3 to 6 months.

French companies are forbidden from charging any registration fees and are required by law to tie all their compensation to the successful completion of the transaction. However good buying agents do not make any profit from the registration fee; the main purpose of the fee is to increase the likelihood that the client is sincerely committed to the purchase; in case they were not they would lose the registration fee after a certain length of time.

The success fee is a percentage of the sale price. Prospect property buyers should know that there are two different arrangements mainly depending on market conditions:

• In markets where the average selling time of a luxury property is high, buying agents tend to split the fee with the selling agent and therefore the service has no additional cost to the buyer. This happens because the selling agent typically prefers splitting his commission with the buying agent rather than waiting longer to find another buyer and sell the same property. In case the buying agent sources a private deal then they charge up to the selling agent commission (for instance the full 5% in the French Riviera^[7] up to 2% in Spain.
• In very liquid markets (like London or Paris) the buying agent fee is charged on top of the selling agent fee, so the buying agent service comes at an additional cost to the property buyer unless the buying agent is able to find a property that is not sold by an agent. In that case depending on the market buying agents charge an amount up to the selling agent commission (which is generally higher than the buying agent’s fee).
• Some agents charge a success fee based on the purchase price - this is a fixed percentage. Alternatively other agents charge a fixed amount of money plus a percentage of the saving of the discount to the original asking price.

All these conditions are well specified in the contract agreement that the client signs upfront. Buying agents often claim that they can get a higher discount on the sales price than a private buyer could manage because they better know the prices at which similar properties have been recently exchanged in the market and they make use of good negotiating skills.

A full set of code of ethics is set out by The Property Ombudsman,^[8] which any respected buying agent would be a member of.

• International trade
• Personal shopper
• Selling agent
• Property finder
• Buyer brokerage

The Australian property market comprises the trade of land and its permanent fixtures located within Australia. The average Australian property price grew 0.5% per year from 1890 to 1990 after inflation,^[1] however rose from 1990 to 2017 at a faster rate. House prices in Australia receive considerable attention from the media and the Reserve Bank^[2] and some commentators have argued that there is an Australian property bubble.^{[citation needed]}

The residential housing market has seen drastic changes in prices in the past few decades. The property prices are soaring in major cities like Sydney, Melbourne, Adelaide, Perth, Brisbane and Hobart.^[3] The median house price in Sydney peaked at $780,000 in 2016. ^[4] However, with stricter credit policy and reduced interest from foreign investors in residential property, prices have started falling in all the major cities. ^[5] When compared with the soaring prices of 2017, the housing prices fell by 11.1% in Sydney and 7.2% in Melbourne in 2018.^[6] In 2022 the residential rental market has seen a significant increase in rents, which has been described as a ‘rental crisis’.

In 2011 there were 8.6m households with an average household size of 2.6 persons per household.^[7] Freestanding houses have historically comprised most building approvals, but recent data shows a trend towards higher density housing such as townhouses and units.^[8] Turnover rates vary across market cycles, but typically average 6% per year.^[9] Since 1999-2000 the proportion of households renting from state/territory housing authorities has declined from 6% to 3% while the proportion renting privately increased from 20% to 26% in 2019-20.^[10]

The Australian property market is non-uniform, with high variation observed across the major cities and regional areas.^[11]

In Sydney, as of March 2010, the Property Market's vacancy rate reached 0.53% signalling that the market is recovering, as these rates had reached 2% in August 2009. As of July 2015, the Property Market in Sydney has surged in the first Q of 2015, up 3.1%.^[12] Sydney's eastern and northern suburbs typically attract the highest prices, reflecting their desirability and premium location.^[13] The annual capital growth for houses and units in Sydney is 4.2% and 3.8% respectively.^[14]

In the late 2000s, housing prices in Australia, relative to average incomes, were among the highest in the world. As at 2011, house prices were on average six times average household income, compared to four times in 1990.^[15] This prompted speculation that the country was experiencing a real estate bubble, like many other countries.^[16]

Foreign investment has also been identified as a key driver of affordability issues, with recent years seeing particularly high capital inflows from Chinese investors.^[17]

A number of economists, such as Macquarie Bank analyst Rory Robertson, assert that high immigration and the propensity of new arrivals to cluster in the capital cities is exacerbating the nation's housing affordability problem.^[18] According to Robertson, Federal Government policies that fuel demand for housing, such as the currently high levels of immigration, as well as capital gains tax discounts and subsidies to boost fertility, have had a greater impact on housing affordability than land release on urban fringes.^[19]

The Productivity Commission Inquiry Report No. 28 First Home Ownership (2004) also stated, in relation to housing, "that Growth in immigration since the mid-1990s has been an important contributor to underlying demand, particularly in Sydney and Melbourne."^[20] This has been exacerbated by Australian lenders relaxing credit guidelines for temporary residents, allowing them to buy a home with a 10 percent deposit.

The RBA in its submission to the same PC Report also stated "rapid growth in overseas visitors such as students may have boosted demand for rental housing".^[20] However, in question in the report was the statistical coverage of resident population. The "ABS population growth figures omit certain household formation groups – namely, overseas students and business migrants who do not continuously stay for 12 months in Australia."^[20] This statistical omission lead to the admission: "The Commission recognises that the ABS resident population estimates have limitations when used for assessing housing demand. Given the significant influx of foreigners coming to work or study in Australia in recent years, it seems highly likely that short-stay visitor movements may have added to the demand for housing. However, the Commissions are unaware of any research that quantifies the effects."^[20]

Some individuals and interest groups have also argued that immigration causes overburdened infrastructure.^[21][22]

In December 2008, the federal government introduced legislation relaxing rules for foreign buyers of Australian property. According to FIRB (Foreign Investment Review Board) data released in August 2009, foreign investment in Australian real estate had increased by more than 30% year to date. One agent said that "overseas investors buy them to land bank, not to rent them out. The houses just sit vacant because they are after capital growth."^[23]

Australian property investors often apply the practice of negative gearing. This occurs when the investor borrows money to fund the purchase of the property, and the income generated by the property is less than the cost of owning and managing the property including interest.^[24] The investor is expecting that capital gains will compensate for the shortfall. Negative gearing receives considerable media and political attention due to the perceived distortion it creates on residential property prices. In anticipation of Labor being elected in the 2019 federal election, the banks issued less interest only loans which are used by many investors for negative gearing.^[25]

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Real estate agents and real estate brokers are people who represent sellers or buyers of real estate or real property. While a broker may work independently, an agent usually works under a licensed broker to represent clients.^[1] Brokers and agents are licensed by the state to negotiate sales agreements and manage the documentation required for closing real estate transactions.

A real estate broker typically receives a real estate commission for successfully completing a sale. Across the U.S, this commission can generally range between 5-6% of the property's sale price for a full-service broker but this percentage varies by state and even region.^[2]

In most jurisdictions in the United States, a person must have a license to perform licensed activities, and these activities are defined within the statutes of each state. The main feature of the requirement for having a license to perform those activities is the work done "for compensation". Hence, hypothetically, if a person wants to help a friend out in either selling or buying a property, and no compensation of any kind is expected in return, then a license is not needed to perform all the work. However, since most people would expect to be compensated for their efforts and skills, a license would be required by law before a person may receive remuneration for services rendered as a real estate broker or agent. Unlicensed activity is illegal and the state real estate commission has the authority to fine people who are acting as real estate licensees, but buyers and sellers acting as principals in the sale or purchase of real estate are usually not required to be licensed. It is important to note that in some states, lawyers handle real estate sales for compensation without being licensed as brokers or agents. However, even lawyers can only perform real estate activities that are incidental to their original work as a lawyer. It cannot be the case that a lawyer can become a seller's selling agent if that is all the service that is being requested by the client. Lawyers would still need to be licensed as a broker if they wish to perform licensed activities. Nevertheless, lawyers do get a break in the minimum education requirements (for example, 90 hours in Illinois).^[3]

Some other states have recently eliminated the salesperson's license, instead, all licensees in those states automatically earn their broker's license.

The term "agent" is not to be confused with salesperson or broker. An agent is simply a licensee that has entered into an agency relationship with a client. A broker can also be an agent for a client. It is commonly the firm that has the actual legal relationship with the client through one of their sales staff, be they salespersons or brokers.

In all states, the real estate licensee must disclose to prospective buyers and sellers the nature of their relationship ^[4]

Some U.S. state real estate commissions – notably Florida's^[5] after 1992 (and extended in 2003) and Colorado's^[6] after 1994 (with changes in 2003) created the option of having no agency or fiduciary relationship between brokers and sellers or buyers.

As noted by the South Broward Board of Realtors, Inc. in a letter to State of Florida legislative committees:

"The Transaction Broker crafts a transaction by bringing a willing buyer and a willing seller together and provides the legal documentation of the details of the legal agreement between the same. The Transaction Broker is not a fiduciary of any party, but must abide by the law as well as professional and ethical standards." (such as NAR Code of Ethics).

The result was that, in 2003, Florida created a system where the default brokerage relationship had "all licensees ... operating as transaction brokers, unless a single agent or no brokerage relationship is established, in writing, with the customer"^[7][8] and the statute required written disclosure of the transaction brokerage relationship to the buyer or seller customer only through July 1, 2008.

In the case of both Florida^[8] and Colorado,^[6] dual agency and sub-agency (where both listing and selling agents represent the seller) no longer exist.

Other brokers and agents may focus on representing buyers or tenants in a real estate transaction. However, licensing as a broker or salesperson authorizes the licensee to legally represent parties on either side of a transaction and providing the necessary documentation for the legal transfer of real property. This business decision is for the licensee to decide. They are fines for people acting as real estate agents when not licensed by the state.

In the United Kingdom, an estate agent is a person or business entity whose business is to market real estate on behalf of clients. There are significant differences between the actions, powers, obligations, and liabilities of brokers and estate agents in each country, as different countries take markedly different approaches to the marketing and selling of real property.

Before the Multiple Listing Service (MLS) was introduced in 1967, when brokers (and their licensees) only represented sellers by providing a service to provide legal documentation on the transfer real property, the term "real estate salesperson" may have been more appropriate than it is today, given the various ways that brokers and licensees now help buyers through the legal process of transferring real property. Legally, however, the term "salesperson" is still used in many states to describe a real estate licensee.^{[citation needed]}

After gaining some years of experience in real estate sales, a salesperson may decide to become licensed as a real estate broker (or Principal/qualifying broker) in order to own, manage, or operate their own brokerage. In addition, some states allow college graduates to apply for a broker's license without years of experience. College graduates fall into this category once they have completed the state-required courses as well. California allows licensed attorneys to become brokers upon passing the broker exam without having to take the requisite courses required of an agent. Commonly more coursework and a broker's state exam on real estate law must be passed. Upon obtaining a broker's license, a real estate agent may continue to work for another broker in a similar capacity as before (often referred to as a broker associate or associate broker) or take charge of their own brokerage and hire other salespersons (or broker licensees). Becoming a branch office manager may or may not require a broker's license. Some states allow licensed attorneys to become real estate brokers without taking any exam. In some states, there are no "salespeople" as all licensees are brokers.^[9]

Real Estate Services are also called trading services ^[10]

Flat-fee real estate agents charge a seller of a property a flat fee, $500 for example,^[11] as opposed to a traditional or full-service real estate agent who charges a percentage of the sale price. In exchange, the seller's property will appear in the multiple listing service (MLS), but the seller will represent him or herself when showing the property and negotiating a sales price.^[11] The result is the seller pays less commission overall (roughly half) when the property sells.^[11] This is because a seller will pay a percentage of the sales price to a buyer's agent but not have to pay a percentage to a seller's agent (because there isn't one; the seller is representing himself).

In consideration of the brokerage successfully finding a buyer for the property, a broker anticipates receiving a commission for the services the brokerage has provided. Usually, the payment of a commission to the brokerage is contingent upon finding a buyer for the real estate, the successful negotiation of a purchase contract between the buyer and seller, or the settlement of the transaction and the exchange of money between buyer and seller. Under common law, a real estate broker is eligible to receive their commission, regardless of whether the sale actually takes place, once they secure a buyer who is ready, willing, and able to purchase the dwelling.^[12]

Economist Steven D. Levitt famously argued in his 2005 book Freakonomics that real estate brokers have an inherent conflict of interest with the sellers they represent because their commission gives them more motivation to sell quickly than to sell at a higher price. Levitt supported his argument with a study finding brokers tend to put their own houses on the market for longer and receive higher prices for them compared to when working for their clients. He concluded that broker commissions will reduce in future.^[13] A 2008 study by other economists found that when comparing brokerage without listing services, brokerage significantly reduced the average sale price.^[14]

Real estate brokers who work with lenders can not receive any compensation from the lender for referring a residential client to a specific lender. To do so would be a violation of a United States federal law known as the Real Estate Settlement Procedures Act (RESPA). RESPA ensures that buyers and sellers are given adequate notice of the Real Estate settlement process.^[15]

In the United States, the term realtor is trademarked by the National Association of Realtors, which uses it to refer to its active members, who may be real estate agents or brokers.^[16][17][18] In Canada, the trademark is used by members of the Canadian Real Estate Association.^[19] Both organizations advise against the use of realtor as a generic synonym for real estate agent.^[19]

States issue licenses for an annual or multi-year period and require real estate agents and brokers to complete continuing education prior to renewing their licenses. For example, California licensees must complete 45 hours of continuing education every 4 years in topics such as agency, trust fund handling, consumer protection, fair housing, ethics, and risk management.^[20]

Several notable groups exist to promote the real estate industry and to assist professionals.

• The National Association of Realtors (NAR)
  • The Realtor Political Action Committee (RPAC) is the lobbying arm of the NAR.
• The National Association of Real Estate Brokers (NAREB)
• The Real Estate Institute of Canada (REIC)^[21][22]
• The Real Estate Roundtable^[23]

• Alice Mason^[24]

• Media related to Real estate agents at Wikimedia Commons