Contributed by Mitchell McCarthy – Principal Broker of Gotham Commercial
In today’s market, we are noticing that most sellers prefer to keep their listings “off-market” and would rather entertain offers from individuals that do not locate the property on the MLS.
A number of reasons for this include:
1.) They do not want to sign exclusive listings with individual agencies
a. Since most owners get multiple cold calls per week from all different agencies, they would rather let multiple brokers find buyers/investors to bring forth the best offer.
b. With current inventory levels low, many brokers do not have the leverage to obtain exclusives and are therefore willing to shop around properties without a contrac
i. This allows sellers to tell many brokers they are interested in selling and will entertain offers only at a certain price.
c. This creates problems for many brokers as they want to shop the property around, but at the same time do not have a contract in place to protect themselves.
Solutions: If a seller is adamant about not signing an exclusive listing, then we recommend you get a Single Party Compensation Agreement, stating that if your agency submits an offer that is accepted by the Seller, then the Seller is obligated to pay the procuring Broker a commission stated in the agreement.
2.) Many sellers are afraid of putting their property on the MLS because if it is priced high and sits there too long many buyers believe the deal is stale and not worthwhile.
If you notice your agency has knowledge of a lot of “off-market” deals, we have found that social media is a very effective avenue to find buyers.
LinkedIn and Facebook: Join real estate groups and post that your company has off-market deals and to contact you directly for more information. Sit back and watch the emails come in. Once you find interested parties, provide them with the financial information and the rent-roll along with a vague description of the area to determine if they are realistic buyers.
If they are interested and request the address, we recommend you have them sign a Non-disclosure agreement to ensure that they do not circumvent you after all the time and effort put in. Again, if the purchaser wants to submit an offer, make sure you have a single party compensation agreement in place with the seller.
Our goal as agents is to source exclusive listings so here are a few suggestions of what to tell a seller resistant to signing an exclusive contract:
1.) Exclusive listings allow me to open up the property to my entire network of investors
2.) MLS creates a bidding environment on your property, which can drive the price up
3.) Cooperating brokers know what commission they will get if they bring a buyer, encouraging them to help find buyers
4.) Exclusive listings allow us as an agency to spend money on marketing materials to properly display your listing