HomeTopicsExpat LivingHow Real Estate Commissions Work in Costa Rica: A Guide to Dual...

How Real Estate Commissions Work in Costa Rica: A Guide to Dual Agency

You probably already know that we do not have a regular MLS in Costa Rica, where you can just pick the real estate agent who suits you best to represent you as a buyer and that agent will connect with the listing agent through the MLS to show their property listings together. For that reason, it is quite normal you will have one agent representing the seller as well as the buyer, which is what we call a dual agent.

Quite often, I receive emails from expats who believe that a real estate agent who is the buyer’s agent as well as a listing agent is a conflict of interest. Costa Rican real estate agents’ commission is always paid by the seller.

Costa Rican real estate functions generally very differently than other real estate markets in the world. The lack of an MLS is one of those issues that some buyers see as a serious obstacle. Many buyers think they have to hire one agent who will work with both sides of the transaction and that this is a conflict of interest. I respect that opinion, but I do not share it. I hope to show you that this is not entirely true and that this opinion is merely due to a lack of knowledge about the Costa Rican real estate market as well as about the market they originally come from.

Realtors in Florida, New York, and some other states can be a Transactional (or Dual) Agent, meaning they are legally allowed to represent both sides, which is a very common practice there. Dual agency imposes some restrictions on a real estate agent and the agent is required to treat both buyer and seller with fairness and honesty.

A Dual Agent can be a disadvantage to a buyer as stated in a New York Department of State memo; consumers are advised to be wary of dual agency relationships. I am telling you about this to show you that a dual agent is pretty common in the United States, too. Costa Rica and the U.S. are not as different as some people think in this regard.

I have heard, as a response to this fact, that agents in the U.S. are licensed and agents in Costa Rica are not necessarily licensed. In my opinion, a real estate license doesn’t make an agent honest. A piece of paper does not make one immediately ethical and the lack of one also doesn’t imply a lack of ethics.

In our agency, we have a buyer’s agent who doesn’t take any listings on purpose. He is exclusively a buyer’s agent and will work with any listing agent in the Central Valley. This agent will get paid by receiving half the commission the seller’s agent will get paid by the seller. That means that both agents are paid by the seller.

So what creates the conflict of interest? Is that the fact that the sellers pay the real estate agent’s commission? If, in your opinion, it is a conflict of interest that the agents get paid by the seller, you could hire your own buyer’s agent and pay your agent 2.5% on the sales price at closing.

Will that make any difference? I honestly doubt it. That will mean that the seller’s agent will take the full 5% real estate commission, and you will be paying another 2.5% on top of that. Meanwhile, your agent will probably do everything he/she can look out for your interest, you will be paying more than necessary for the property of your dreams.

You have two solutions to the dual agent issue:

Purchase through FSBO

For Sale By Owner. In case you do not think you will need the professional advice of a real estate agent, one who will walk you through all the different phases of the real estate purchase process, and way past closing in a country with different customs and a different language.

Hire your own buyer’s agent

They can bring experience, a knowledge of the market, an introduction to a home inspector, a closing attorney, as well as all those people who you will need after closing like a doctor, dentist, plumber and bug exterminator. If you do this, you can have your agent share the commission paid by the seller.

When looking for a buyer’s agent, you should find one who works well with agents from other agencies, so you won’t lose out on any good deals that are available on the market. This buyer’s agent should not only have great negotiation skills, but also have a good knowledge of the local market, the legal aspects of buying and selling property in Costa Rica and have great connections with the local community.

Ivo Henfling, a Dutch expat who has lived in Costa Rica since 1980, founded the American-European Real Estate Group back in 1999 which was the first functioning MLS with affiliate agents from coast to coast. Ivo Henfling can be reached at (506) 2289-5125 / 8834-4515

Trending Now

Will Costa Rica’s New Megaprison Make Life Safer?

Leave it to the Frente Amplio (Broad Front) political party to spoil the fiesta. Our sparkling new 34 million dollar megaprison was all ready...

Usher Returns to Costa Rica and Shares Photos of Guanacaste Getaway

Eight-time Grammy Award winner Usher has returned to Costa Rica, spending several days enjoying the beaches, tropical scenery, and luxury resorts of Guanacaste before...

Power Failure Disrupts Costa Rica’s Juan Santamaría Airport Control Tower

A power failure temporarily knocked out critical air traffic control systems at Costa Rica’s Juan Santamaría International Airport today, raising new concerns about the...

Canadian Says She Lost $350,000 to Costa Rica Community Now Under Fraud Investigation

A Canadian woman says she sold everything she owned and lost about $350,000 to a religious community in the southern area of Pérez Zeledón,...

Costa Rica Begins New Prison Transfer Phase as CACCO Opens to Inmates

Costa Rica was scheduled to begin moving prisoners into its new maximum-security facility today, marking the next step in the government's effort to tighten...

Canadian Woman Dies at Costa Rica Cosmetic Surgery Clinic, OIJ Investigates

Costa Rican authorities are investigating the death of a 57-year-old Canadian woman at a cosmetic surgery clinic in San José. The woman had reportedly returned for a follow-up appointment after undergoing a procedure earlier in October.

Costa Rica Drops Bid to Join Pacific Trade Pact and Fires Its Trade Minister

Costa Rica drops its bid to join the CPTPP and fires its trade minister, citing secrecy over the deal and risks to ranchers and dairy farmers.

Costa Rica and DEA Expand Drug Investigations to Politicians and Business Leaders

Costa Rica is expanding its cooperation with the United States Drug Enforcement Administration (DEA) to investigate suspected drug traffickers operating behind legitimate businesses and...

Panama Canal Sets Cargo Record Amid Hormuz Closure Despite El Niño

The Panama Canal handled a record volume of cargo, driven by the closure of the Strait of Hormuz in the Middle East, despite traffic...
Loading…

Latest News from Costa Rica

Costa Rica Coffee Maker Chorreador
Costa Rica Car Rentals
Costa Rica Travel Insurance
Costa Rica Travel