MULTI LISTING SERVICE (MLS) MANDATES
SO WHAT IS A MLS MANDATE?
While it
is a system frequently used by sellers in countries such as the United States, it also has gained merit in South Africa,
where it is fairly widely applied. The property is listed by the agency of the
seller's choice, and is then opened up to the local multiple-listing service
members, any of whom can market and sell it.
This
can provide a form of guarantee of good market exposure, but be prepared to be inconvenienced.
Agencies
belong to these MLS organisations (In Port Elizabeth it is RNS) and
when a property is listed, it is open to all other member agencies who
may now bring their buyers and are guaranteed to receive a commission
split.
FIRST - HOW DOES PROPERTY NETWORK OPERATE
We
automatically market a client's properties
as broadly as possible and other agents know we willingly share
commissions if they bring buyers. In fact, this principle is an
integral part of the PROPERTY NETWORK philosophy
so you are guaranteed exposure to our entire network as well as
every other agent in town - even on a sole
mandate.
Whereas many
agents refer to others, as their competition, we view them as our colleagues.
Part of a team with which to co-operate. In this manner, we have the majority of
buyers and sellers at our fingertips. All to your benefit.
Our priority is to sell your home – not to hog the mandate just so we can make
higher commissions. The mathematics is simple – rather 10 quick sales at
smaller commissions than holding on for the one big commission – which
invariably never arrives.
So
with PROPERTY NETWORK, you get all the benefits and committment of a
sole mandate plus all the possible perks of a MLS mandate!
A LITTLE MORE ON MLS TYPE MANDATES
The Mandate
In order
to market your home through most multi listing services, you are required by
these organisations to sign a "letter of authorisation". This is in
fact an exclusive mandate of sorts. You authorise the agent to sell your property while placing it on the MLS system.
One caution though. Sellers are often told that all
agencies will have access to bring their buyers, which is not true! It is all agents
affiliated to that particular Multi Listing Service only. Many agencies are not
affiliated with an MLS and are therefore not included!
Pricing Correctly
MLS agents
often compete to be the first to list your property. The listing agent receives a
part of the commission from a successful sale. While we have no problem with
sharing commission, many unscrupulous agents will take the listing at an
inflated price just to secure this share of commission.
It is true
that the seller decides on the asking price, but an agent has to give an
opinion on the market value if asked, and this opinion has to be based on
statistics of comparable properties that have recently sold (If such sales have
occurred). An agent should never quote an inflated price in order to get a
listing. Such deception is a transgression of the Code of Conduct for estate
agents.
Sellers,
NEVER EVER appoint an agent on the basis of the price they quote for your home.
This high price might seem attractive and flattering at first but the true
horrors of overpricing soon become apparent. The worst part is that the crooked
agent doesn't care. They know that, in order to sell, your price will drop over
time. It will drop and drop and drop and drop and eventually sell. It might
sell well below the actual market value, but the deceptive agent eventually
gets paid. Male sure you read the article on correct pricing.
OK, you've
avoided the first pitfall and listed your property with an MLS at a market
related price. What happens now?
Open Hours
Each house listed on an MLS system has to have an open hour. The
listing agent will, on this day, invite all other agents affiliated to the MLS
to come and view your home so that ;
1) They are familiar with the home if they
wish to sell it and
2) To
provide an estimate of what they believe the market value is.
There can
obviously be great benefit to this system but do remember ;
- Only a few
agents view each home so full benefit is lost in exposure.
- They do
not always take the valuation process seriously or simply might not be able to
evaluate professionally, so valuations might not be accurate.
Broader Marketing
It
is also at times incorrectly believed that more than one agency will be
marketing your property. In reality, the listing agent is still
responsible for the marketing - ensuring it is advertised in the paper,
pamphlets are dropped, placed on web portals etc. The other agents
simply bring their buyers if they have.
You can't
pressurise the other agencies to market your property consistently. They can
come and go as they please.
And
remember - buyers are searching for properties not agents - so the
marketing plan of the agent you choose must still be top notch. Once
again, a good reason to just appoint a Property Network agent with a
sole mandate. Go here to find out a little more as to why.
Commissions
Many buyers go from one agency to
another to find properties on sale, so it's quite possible
that the same buyer may be introduced to you by different agencies.
You need
to exercise some care here, as you may be liable for double commission to both
agencies when you sell. You'll always be obligated to the agency that actually
concludes the deal, as its sales agreement will bind you contractually to pay
its commission. If another agency brought the same buyer to you previously and
presented you with a written offer for the same purchase price, or higher, it
can claim commission too on the grounds that it was the effective cause of the
sale. It won't help you to say you weren't willing to sell initially but
changed your mind later.
Make sure the agency finalising the contract indemnifies you against any claim
for commission by the other. This caution does not apply where the first agency
merely introduced the buyer to the property and nothing further transpired.
Loss of Control
As
other agents bring their buyers through, your main listing agent does
not get the full picture of what the buyers are feeling, which makes it
difficult for them to provide you with an accurate assessment and
therefore advice. Your listing agent may not contact the other agent's
buyers for follow up as this would breach the Code of Conduct.
Exactly
how good are the other agents selling skills? Are they experienced
negotiators? Did you miss out on a sale just because the other agent
couldn't close when they should have?
These are very real
questions to ask - and reasons to rather ensure you appoint a
experienced and qualified Property Network agent that can be in control
of the process.
SUMMARY
Using a
multi listing mechanism (RNS in Port
Elizabeth) has it’s obvious benefits, whereby your
property is exposed to a multitude of agents and potentially, you could have a
better chance at a quicker sale.
Control
over the selling process is however weak and then there are the other lost
control issues of security, accountability and feedback.
Also, with
a sole mandate, the agent has the authority to reduce commissions if that is
critical to assisting in getting the deal closed. With an MLS mandate however
the commission is set by the organisation, as there is more than one party with a vested interest
in the commission.
In
general, and in theory, MLS mandates are a viable option but considering
benefits lost against a Sole Mandate the seller must carefully consider taking
this route.
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