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October 4, 2024

How do Real Estate Agents Get Paid If the Property Is Sold at Auction?

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Kameron Kang, CEO of homebuyerwallet.com

Introduction

Real estate auctions offer an exciting, fast-paced alternative to traditional property sales. Whether the auction takes place in person or online, properties are sold to the highest bidder, often leading to quick sales. However, while the auctioneer plays a prominent role in managing the auction, real estate agents are usually responsible for preparing and marketing the property before it reaches the auction block. This raises an important question: How do real estate agents get paid when a property is auctioned? 

In most cases, real estate agents are paid a commission, a percentage of the final sale price or a flat fee, depending on the terms negotiated with the seller. The commission is deducted from the sale proceeds and paid at closing, following a similar process to traditional real estate sales. Below, we’ll explore how the commission structure works, the role of the auctioneer, and the factors agents need to consider when working with auction sales. 

Commission Structure: Percentage of Sale Price or Flat Fee for Real Estate Agents

Real estate agents play a significant role in auction sales by preparing the property, coordinating marketing efforts, and managing pre-auction showings and negotiations. Because of this, they typically earn a commission for their work, similar to how they would in a traditional sale. The two most common ways agents are compensated are: 

  1. Percentage of the Final Sale Price: The most common commission structure for auction sales is based on a percentage of the property’s final sale price. The exact percentage can vary but typically ranges from 2% to 5%. For example, if a property sells for $400,000 and the agent’s commission rate is 3%, the agent would earn $12,000 for their services. The percentage is agreed upon through a commission agreement between the agent and the seller. 

  2. Flat Fee: Some real estate agents prefer a flat-fee arrangement, where their compensation is predetermined, regardless of the property’s final sale price. This flat fee is often negotiated based on the complexity of the sale and the agent’s level of involvement in marketing and preparing the property. For example, an agent might agree to receive a flat fee of $10,000 for their services, regardless of whether the property sells for $200,000 or $500,000. 

A commission agreement between the agent and the seller before the auction should clearly outline the percentage-based commission and the flat fee structures. This ensures transparency and clarity for both parties regarding how and when the agent will be paid. 

Payment at Closing: How the Agent Receives Their Commission 

Like in a traditional real estate transaction, the agent’s commission in an auction sale is paid at closing. Closing occurs after the property is successfully auctioned and the highest bidder has made payment arrangements. At closing, the proceeds from the sale are distributed to pay off any outstanding debts on the property and the real estate agent’s commission. 

For example, if a property sells at auction for $500,000 and the agreed-upon commission is 3%, the agent will receive $15,000 from the proceeds. These funds are typically deducted directly from the seller’s portion of the proceeds, making it a seamless part of the closing process. As with any real estate transaction, the agent only receives their payment once the sale is finalized and the property ownership is transferred to the buyer. 

Auctioneer’s Role and Commission Splits 

In auction sales, real estate agents and auctioneers may work together to facilitate the sale. While the auctioneer is responsible for conducting the actual auction and overseeing the bidding process, the real estate agent plays a vital role in preparing the property for auction and ensuring that potential buyers know the opportunity. Sometimes, the auctioneer and real estate agent may split the commission, depending on their responsibilities.

  • Real Estate Agent’s Role: The agent typically handles the tasks before the auction. This includes listing the property, developing a marketing strategy, hosting open houses or showings, and coordinating with potential buyers. Agents are also responsible for negotiating with the seller to determine the best auction strategy, including setting any reserve prices (the minimum acceptable price for the property). 

  • Auctioneer’s Role: The auctioneer manages the auction process, calling for bids and ensuring the sale complies with all legal requirements. Auctioneers are skilled at creating a competitive environment that encourages bidders to offer higher prices for the property. 

The commission split between the real estate agent, and the auctioneer can vary depending on the arrangement. For instance, if the agent is responsible for a significant amount of the pre-auction work, they may receive a more substantial portion of the commission. On the other hand, the auctioneer may take a larger share if they are responsible for handling the bulk of the transaction during the auction. 

Alternative Payment Structures: Buyer’s Premium 

In some real estate auctions, an alternative payment structure known as a buyer’s premium may be in place. A buyer’s premium is an additional fee, typically 5% to 10%, added to the final bid amount and paid by the buyer. This fee covers some or all of the costs associated with the auction, including the real estate agent’s commission. 

For example, if a property sells for $400,000 and the auction includes a 5% buyer’s premium, the buyer will pay an additional $20,000, bringing the total purchase price to $420,000. The real estate agent’s commission might be paid from this buyer’s premium, relieving the seller of paying the agent’s fee directly. In this arrangement: 

  • Seller’s Role: The seller may not need to pay the agent’s commission directly from the sale proceeds. 

  • Buyer’s Role: The buyer covers the agent’s commission and other auction fees through the buyer’s premium. 

This type of payment structure can be beneficial for sellers who want to minimize their closing costs, but buyers should be aware of the additional premium when bidding at auction. 

Considerations and Implications for Agents in Auction Sales 

While selling property at auction can result in a fast and efficient sale, there are several essential factors that real estate agents should consider: 

  1. Commission Agreement Negotiation: It is crucial for agents to negotiate a clear and fair commission agreement with the seller before the auction. This agreement should outline whether the agent will be paid a percentage of the sale price, a flat fee, or compensation from a buyer’s premium. Clarity in these terms helps prevent any disputes after the auction. 

  2. Reduced Control Over Sale Price: One of the challenges of auction sales is that agents and sellers have less control over the final sale price. In traditional sales, the agent works with the seller to set an asking price and negotiate with buyers. In auctions, the final sale price is determined entirely by the bidding process, sometimes resulting in a lower-than-expected sale price. Agents working on a percentage-based commission may earn less if the final bid is lower than anticipated. 

  3. Fast-Paced Sales Environment: Auctions tend to move quickly, which means agents must be well-prepared in advance. All marketing, property preparation, and buyer outreach must be completed before the auction begins, as there is little opportunity for traditional negotiation once bidding starts. The fast-paced environment can be an advantage for agents, as it often leads to a quicker sale, but it also requires a high level of organization and strategic planning. 

Conclusion

In auction sales, real estate agents are typically paid through a commission that is either a percentage of the final sale price or a flat fee, as agreed upon with the seller before the auction. Their commission is paid at closing, deducted from the sale proceeds, and may involve coordination with the auctioneer. Some auctions may include a buyer’s premium, which can help cover the agent’s commission. 

While selling property at auction can lead to faster sales and competitive bidding, real estate agents must carefully negotiate their commission agreement and prepare for the unique challenges of the auction process. By understanding the roles of the auctioneer and the agent, sellers can ensure a smooth transaction and fair compensation for the agent’s work. 

Ultimately, real estate auctions provide a unique and exciting opportunity for both sellers and agents. Commissions are handled in a straightforward manner that aligns with traditional real estate practices. 

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