Maybe I am getting cynical in my old age. Even so, my radar is up.
Periodically, I receive emails from rather anonymous people asking for real estate advice. If it is a question I consider to be of general interest, I post the answer here. Most times, though, I just respond directly as a courtesy (part of my routine, pro bono work).
Lately, I have begun receiving a number of fairly suspicious queries which have caused my looking-for-a-lawsuit radar to kick into gear. If it looks like a trap and smells like a trap, is it necessarily so?
The emails are always from a Gmail account, and they are never addressed to me by name. The name at the bottom never matches the name in the sender’s address, but is always some too-common male name like Jim, Bill, or Dan. The Shaquilles and Maximilians of this world have yet to ask me a darn thing. Maybe they are just smarter.
And lately they have all been related to real estate fees.
First there was this one:
Hello,
How much should i pay my lawyer for closing my house? Before I go ahead, is there any pointers you might have?
Please help me.
Thank you in advance.
I bit, and I responded with some lame, “Sorry, I can’t help you. California is an escrow state” response.
Next, I received this question:
Hello,
Who pays for the fees on a real estate transaction? Because of your experience I was hoping you might be able to shed some light on the subject.
Any help appreciated.
I am very grateful for your help.
Being someone who is not very good at keeping secrets, I responded briefly.
The seller in the transaction typically agrees to a total real estate fee in the listing contract with his agent. In California, the contract also specifies the portion of the total fee (usually half) that will be offered to the buyer’s agent as compensation. So, the short answer is that the fees usually come out of the seller’s side of the equation.
“Who pays” is a larger question, as many believe that since the seller is only concerned with the bottom line, the fees are imputed in the final sale price, and therefore the buyer too is effectively “paying.”
To answer your question more directly, the buyer does not usually pay out of pocket for representation; the seller does.
OK, it was the short answer, but it seemed safe enough. My response was splattered with enough “usually” and “typically” qualifiers that I felt my hiney to be sufficiently swaddled. Then, I received my most recent cry for help.
Does sellers agent with no buyers agent get full 6?
I know you are probably very busy but I was hoping you could give me a couple pointers. Any help would be appreciated.
Thank you.
Do these guys ever give up? And who are “these guys?” Is it a competitor trying to send me into early retirement, could it be the Department of Real Estate just making sure I am not violating the law, or is it merely a cosmic coincident that every dude with a keyboard named Dave (dudes who are named Dave, not their keyboards) is suddenly terribly interested in the topic of real estate commissions?
Whatever, the reason, I have prepared a blanket response:
Dear Agents, Department of Real Estate, Department of Justice (just in case), and all guys with first names consisting of four or fewer letters:
Real estate fees by law are negotiable.
Cordially,
Ann
ABOUT THE AUTHOR Kris Berg is Co-Owner and Designated Broker of San Diego Castles Realty. If not-so static web sites are your thing, go here at once where you will find loads of real estate information including homes for sale, market trends, floor plans and more. Kris's hobbies include fencing and spot welding. She likes kittens. 
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Be prepared for many more vague inquiries like these. I’ve been getting them for a couple months. I never seem to satisfy their insatiable curiosity.
I will, though, begin my correspondence with, “Have you entered into an Exclusive Buyers Agency Agreement with Kris Berg?” I certainly don’t want to step on any toes.
I’ve been getting ‘em, too, Kris — including two last night:
Hello,
How much cash down to buy a condo california? Since you have experience, I was hoping you could give me some clues as to what you look out for. A little advice would go a long way right now. Thanks.
Warmest Regards,
Janet
and
Hello,
How much taxes will be taken off 24000 per year?
What are the pros and cons I should be looking out for?
Any help appreciated. Thank you in advance. Sincerely, Tony
Weird spam, seems like to me.
kb
Kris, Same thing here, two different e-mails from different folks, both with the following content:
“Hi,
What is the fico score requirement for a va loan? I was thinking that your advice would be very helpful. I know you must be very busy so any pointers would be very much appreciated.
Please point me in the right direction.”
Thank you for your help.
Sincerely, John
Ron – You are a smart man.
Kelly – OK, weird. My “thank you in advance” was also from a Tony. I also received one which ended “A little advice would go a long way right now.”
So, if it is spam, what’s the point? What am I missing?
J – Wasn’t ignoring you. Our comments crossed. Again, why? No one could possibly be this bored.
I’m getting them too – they are probably looking for live email addresses that they can bombard later with other spam or viruses?
JtR – That’s got to be it. Dang. That’s what I get for being a nice guy.
Hey Kris,
just wanted to let you know that despite having the name Dave and a completely separate name for my keyboard, it wasn’t me!
see you next week.
Ditto that here in Silicon Valley – I’ve had two this week with almost 100% same verbiage, which includes “it has become obvious to me that I need help with this”. They were on different topics, first on when the bottom of the market would be, the second one on who pays the buyer’s agent. Both were gmail accounts, different names, and – yes! – names with about four letters like John or Paul. Oh, and the grammar’s always bad, so non-native speakers.
They are now going straight to spam. I don’t think they are a trap so much as an email test to harvest “good” email addresses for someone’s list.
This is really weird… I’m going to ask my wife if she has been getting them. She usually gets the typical scam emails from her listings on Craigslist. This is strange because spammers usually don’t go through so much trouble just to get an email, so I think it is something different… It looks to me like someone or something is going to take all the responses and build a highly targeted SEO website. So, everything you respond to is getting stored for later use. Problem is you have to respond to them, because WHAT IF it is a real buyer?
Mary — Sound pandemic.
Matt — I tend to agree that it’s more than a game of find the good email addresses. It is clearly real estate agent-targeted, and there are easier ways to test the validity of our email. The “what if” does pose a problem, but I think we have pretty much established an MO here, so I will err on the side of the delete key for now.
Hi Kris ~
I’m getting the same ones on my blog.
From now on, I will refer them to you
Phil
Kris, I have to add to the chorus, except my “guys” think I am a mortgage guru and they ask me (on a least four occasions in the past two weeks):
Hello,
What need for pre approval documents?
What should I watch out for?
A little advice would go a long way right now.
I really appreciate your help. Kind Regards, Leanne
I sent them a link to my website the first time – then I wised up to the weird grammar and the fat that the from email seemed odd, and never corresponded to the person’s name at the end.
Now they are going to spam, but if you like I would be happy to forward them to you for further investigation.
Interesting. Not sure what’s up here, but I agree with Kris (As I am always obligated to do) and exercise your delete key, generously. Life is too short…
I love your build up to the end. I never get such email. I do get many emails fom people want me tk help the wife of a deceased general from Nigeria or a Chinese dignitary who has $25,000,000 to move and needs my help.
I’m glad I haven’t been left out of the spammer/DOJ/who knows sights.
Hello,
How does property qualify for fha? What are the pros and cons I should be looking out for? Would you consider giving me a couple pointers? Thankyou. Thank you, Janet
From now on they go directly to the SPAM folder.
Here I was thinking I was special and so experienced! Apparently it’s a harass the bloggers event…
Wait, we are supposed to get paid?
Kris
Ditto here ~ only for Arizona. Same questions. I sat on the first one a few days, wrote a brief response. Once I responded was not long before second email came. Hit delete.
Email harvesting of good addys seems very possible.
I love it. Thanks for the entertaining read.
Sincerely,
Dave…I mean Edward