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Who's Paying Our Commission On HUD Repos?

It's been several years since I've delt with HUD repos, but recently I have a customer who wants to purchase one. In preparing the bid for submission, I was surprised to see that the broker's commission,advertised as 5%, is a variable entry and is subtracted from the bid price. So are concessions such as closing costs, etc. I realize that when I run a net proceeds sheet for a seller, I list the commission and any other concessions, but the parties can then negotiate. There's no negotiation with the HUD properties, the buyer pays.

As representatives of the buyer, sounds like we need to disclose that whatever we choose to enter as a commission up to the 5% max. reduces their bid accordingly. Seems like it's counter productive to deal with these properties, which in our area are usually low-end, and to go through all the hassles of getting them closed while at the same time feeling we must take a minimum fee to help our buyer-client. I'm wondering if we need to utilize buyer contracts for proper disclosure in these cases.

Thoughts?

Posted Friday Jul 17