Using an attorney to manage a process that is already spelled out is a bad idea. The attorneys have already done their work in laying out the forms/process.

Having a real agent make an offer is more appealing to the selling agent than a buyer on their own. The agent has no idea what they are dealing with if you go it alone.

I would start calling moderately experienced agents who are independent. Interview them and make offers to the ones you like.

Or, if you go it alone, make use of an experienced escrow agent. They are the ones who really know the process.

An argument for using a buyers agent:
– some properties are only available for view via lockbox or showings with an agent… you’d cut yourself out of those properties. Open houses are not the entire market.
– buyers agents *might* be privvy to pocket listings that aren’t on the MLS.

Argument against buyers agent:
– if you use the listing agent you might be able to negotiate a kickback, or have them negotiate a lower price, with them kicking in some of the commissions. That seems unusual these days were sales prices are inflated by sellers paying buyers closing costs etc. (Which drives me nuts because the buyer ends up with higher prop taxes, realtors commissions are based on higher sales price, etc.)

– some properties are only available for view via lockbox or showings with an agent… you’d cut yourself out of those properties. Open houses are not the entire market.

I’ve called selling agents and asked to view a property in the past. Sometimes, it didn’t go over well, but most of the time I was quite successful.

As far as working with an atty vs a broker — the buyer’s broker gets paid a commission based on the sale price. The HIGHER the sale price is, the more the buyer’s agent gets paid. Does that seem right to you?

The attorney can get a pre-negotiated fee for a closing.

At least around here, some charge a flat fee.

If you think about it, it’s the same with escrow agents — their fee doesn’t vary based on legwork. Or even brokers. If they close a deal for a certain price, their commission is what it is, regardless if it took ten hours or fifty.

[quote=UCGal]An argument for using a buyers agent:
– some properties are only available for view via lockbox or showings with an agent… you’d cut yourself out of those properties. Open houses are not the entire market.
– buyers agents *might* be privvy to pocket listings that aren’t on the MLS.

Argument against buyers agent:
– if you use the listing agent you might be able to negotiate a kickback, or have them negotiate a lower price, with them kicking in some of the commissions. That seems unusual these days were sales prices are inflated by sellers paying buyers closing costs etc. (Which drives me nuts because the buyer ends up with higher prop taxes, realtors commissions are based on higher sales price, etc.)[/quote]

If I were a seller and found out that a qualified buyer wanted to look at my house, they would get in (lock box or not). This is something to consider including on a listing agreement – perhaps the listing agent couldn’t accompany the prospective buyer (I know they are concerned about that situation) but someone could.

[quote=spdrun]
The attorney can get a pre-negotiated fee for a closing.[/quote]

Well, ya. So can a gardener or an NFL linebacker, but they are not the right people for the job. Neither is an attorney.

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