New homebuying rules prompt questions about how to hire an agent

Buying a home has always been hard.

In August, it got even harder.

Home shoppers now must sign a contract with their agents before getting professional help, thanks to new rules under a National Association of Realtors’ court settlement.

While you don’t have to use an agent to buy a home, 89% of home buyers do, NAR figures show.

Home sellers long ago had to master the skills for hiring an agent, said Lisa Dunn of Laurel Real Estate Resources in Rancho Santa Margarita.

“Now, I guess it’s to become standard operating procedure with buyers,” she said.

As of June, the top 25% of agents handled 70% of the sales in the California Regional Multiple Listing Service, which covers most of California, according to Laguna Beach consulting firm Real Data Strategies. That left the remaining 75% scrambling for a third of the business.

“Dabblers and part-timers are the scourge of this industry,” said Pomona agent Fred Van Allen, of First Team Real Estate. “You need a pro.”

So, how do you find a pro? And how do you avoid working with an ill-informed underachiever who only sees you as a dollar sign?

Agents and real estate experts recommended the following tips.

Do you need an agent?

Hiring a sales agent is not required.

And many DIY buyers actually manage to purchase a home without paying the extra $19,000-$23,000 agents typically command for medium-priced California homes.

Zillow, Realtor.com, Redfin, Homes.com and myriad other websites provide lists of homes for sale.

Some buyers and sellers said they used an attorney to handle the paperwork at a fraction of the cost.

Industry insiders advise against going it alone, however.

“There are a lot of wheels turning and many moving parts in a real estate transaction,” said Aimee Hanson, a Minnesota broker and a long-time instructor at licensing course provider Kaplan Real Estate Education. “You need a trusted partner during this process, and that means doing research and asking the right questions before you get excited about opening doors and looking at houses.”

Buying a home is one of the most complicated and expensive things you do in life, added Brentwood broker Anne Russell Sullivan, president of the Greater Los Angeles Realtor Association.

The right agent will save you a ton of headaches, culling the number of homes you look at, guiding you through the lending process, helping you find appraisers and inspectors and streamlining voluminous paperwork.

“Before you do anything else, find a professional who will guide you,” she said.

Sullivan advises that you approach it the same way you would when looking for a divorce attorney, an architect, an accountant or a heart surgeon.

Look for referrals, research prospective agents, interview at least two or three of them, then sign up a skillful agent whom you feel most comfortable with.

Get referrals

Ask family, friends, colleagues and acquaintances if they had a positive experience with an agent.

“Use your network,” said Holden Lewis, a senior writer for Nerdwallet.com. “Dig through agents’ websites to see if they have experience working in your target neighborhood and in your price range.”

What if you don’t have a network for your target area? What if you’re new to the neighborhood?

Join local social media groups to search for names, or just ask around the community, Hanson said. Or ask an agent you worked with in the past for referrals.

“Everybody knows a lawyer, and everybody knows a Realtor,” said Dunn.  “I have a hard time thinking nobody would know somebody that they could ask.”

If the loan officer you’re using for a pre-approval letter works locally, he or she might offer referrals, said Lewis.

Drive around your target neighborhood and see who has the most for-sale and open house signs.

“If you consistently see a certain Realtor’s sign in a yard, you can probably be reasonably assured that’s a pretty successful agent in your area,” Van Allen said.

Do your research

Once you get some names, start doing your homework.

See how many homes they’ve sold, how long they’ve been in the business, whether they work with buyers in your price range and the types of homes they specialize in.

Check out customer reviews and social media comments. Look up their websites. View YouTube posts. Ask to see their resume.

Go to dre.ca.gov to make sure they have a license and that there are no disciplinary actions against them. Check to see if the agent has a restricted license.

“That means that they’ve done something where they have to have extra supervision,” Dunn said. “And some of those things can actually be quite heinous.”

Information about their experience and their recent transactions is often available on their brokerage website, although that information can be embellished by including their work as part of a team.

“The best and most accurate resource … is to ask them to give you that data directly from the MLS system,” Hanson said.

Another online source is a startup called AgentStory.com, which provides numerous metrics on agents in California, Texas and Florida.

The website is free, and according to spokesperson Shmuel Tennenhaus, data comes from the multiple listing service, a database of homes for sale.

None of its revenue comes from agent advertising, although agents can request to have their profiles removed, Tennenhaus said in an email.

“The goal of the site is to provide unbiased data (not advertising) for consumers,” he said.

Hanson warned, however, that most websites base recommendations “on how much marketing dollars an agent has spent with them.”

Interview contenders

Plan to speak in person or by phone or Zoom with at least two or three agents, experts say.

“While there may be great reviews or fancy marketing material, it’s best to make sure that they are not only qualified to represent you, but also that you connect on a personal level,” Hanson said.

Traits to look for are open and informed communication, honesty, transparency, a good work ethic and knowledge. Does the agent ask about your motivations and the type of home you’re looking for? And does he or she listen?

“Sometimes the most important thing you will get from an agent is not information you want to hear, but rather information you need to hear,” Hanson said. “Knowledge is power in this industry, and buyers need to feel empowered by their representative.”

Agents need to know the community where you’re looking to buy, with insights about schools, freeways, traffic, crime and shopping, agents said. They need to understand the economic forces that are affecting the local housing market and be familiar with California’s insurance issues.

And they need to know how the NAR settlement will impact the sales process.

“Look for an agent who can describe the homebuying process step by step in a way that reassures you that they have the experience you’re looking for,” Nerdwallet’s Lewis said.

Ask about their experience, their transaction numbers and whether they’ve had any complaints, grievances or lawsuits.

Can they recommend at least three lenders and refer clients to home and termite inspectors, appraisers and other providers? Will they provide contact information for past clients you can talk to?

Other questions to ask

— What are their fees, and and under what circumstances will those fees be paid?

— When are they available, and how can you reach them (phone, text, email)?

— Do they live in and do business where you’re looking to buy?

— Will you be working with them personally or with multiple people on their team?

Set contract terms

When signing a “buyer’s representation agreement,” you need to make sure you can understand it.

“You want that agent to explain to you what that contract is. If they cannot explain it to you, then you do not sign,” Dunn said.

A brief contract review with a lawyer shouldn’t cost too much, Lewis added.

You also need to decide the length of the contract and whether it will be exclusive or non-exclusive.

Several agents recommended trial contracts for a week or a month, or even for just a few homes, to see how compatible you and your agent are.

“Don’t get married. Get engaged first,” Dunn said.

You might want a non-exclusive agreement to try out different agents. Or to engage experts in different communities if you’re unsure where you want to buy.

The danger with non-exclusive contracts is you could be on the hook for more than one commission.

An exclusive contract, on the other hand, locks you into working solely with your agent and his or her brokerage.

Sullivan noted that having an exclusive agreement shows your commitment to your agent, providing the encouragement needed to go all out for you.

“Be sure to know under what circumstances your exclusive agreement can be cancelled,” Hanson added. “And, make sure that those cancellation provisions are clear and in writing.”