Issue 108 – To Use a (Buyer’s) Broker or Not to Use a Broker — That is the Question

Becoming a buyer in NYC is a process in which you learn what you are made of. Creating something valuable, enjoyable, and worthwhile requires fortitude, guts, and a little imagination. Not only is the endeavor highly emotional, but it is also nuanced and can be expensive if mismanaged. It requires having the right supporting players in place, from your mortgage broker to a fantastic attorney as well as a broker who truly serves your best interests. Someone who says what they think, not what you want to hear, differentiates a salesperson from a trustworthy advisor. 

The right team is vital in helping you deal with potentially rigid co-op boards and the legal intricacies of financing, negotiation, and comparative market analysis. An experienced broker will also know how to structure your bid to stand out amongst a sea of others.  

Adding to the confusion is a new variable regarding which party pays the commission on a real estate transaction. What once was a seller’s responsibility has now become an open forum for discussion and negotiation. But pushing the commission onto buyers, who already bear significant friction costs associated with purchasing, has serious repercussions. That additional ‘hit’ can prevent them from meeting the price a seller will agree to — especially given the continuation of higher interest rates, which further diminishes the buyer’s purchase power. 

Based on that fact pattern, we see that everything is status quo: sellers are still paying the commission because they recognize it’s the smartest thing to do. Because they are vested in getting the highest price possible and protecting the building’s value, sellers have essentially boycotted the idea of reallocating the commission.

According to a report by The New York Times last spring, 85 to 90 percent of home buyers in New York City used a buyer’s broker. More recently, StreetEasy published a Zillow research report showing that 88 percent of buyers nationwide used a buyer’s agent the previous year. 

There are so many reasons a buyer’s broker is essential. When people buy a real estate asset, they generally want to avoid buying a lemon. They typically wish to have the ‘blessing’ of a trusted residential broker to ensure what they are looking at is sound.

A broker can advise on certain things that a third-party website cannot, such as the nuances and underpinnings of the neighborhood and the building—including whether you can hear the train or subway rumble underneath the unit, whether there’s a history of water or gas leaks that hasn’t been fully disclosed in the building minutes, or whether the next-door neighbor is a heavy smoker. All these factors are material and set the tone of who your broker is and how they serve you.

Most buyers recognize the value of bringing in an advisor to provide comparable analysis, conducting proper due diligence surrounding the building’s financial history, and determining how the unit will hold value over time and what sets it apart from other properties. An expert will also be able to ascertain whether the property is in a ‘fringe’ neighborhood that will recede quickly in a soft market, or one that will take off.  A qualified buyer’s broker can genuinely understand how to structure an offer properly and illicit a deep counter from the seller to get what the buyer wants, all while creating an environment that will allow both parties to feel like they have won.

A buyer’s broker understands that they aren’t just helping them obtain a home; they are helping to secure an asset that must perform well over time.

They can prepare some of the most laborious but necessary documentation, framed in a way that fully discloses the buyer’s identity to the board, the managing agent, and the seller — without their meeting the buyer.

The skill with which a broker curates that narrative is among the most critical components in the sales process, given this will determine whether buyers are granted a board interview and get approved to buy in the building.

The buyer’s broker should prepare you for a co-op board interview protocol and detail what you can and cannot say during that interview (if you are lucky enough to get to that point.)

Buyers who choose to represent themselves forfeit valuable support and assurance in how and what they present to ensure a successful transaction and the long-term protection of their purchases’ value. 

My chief point is that there are some things that money can buy, and one is a level of experience and acumen, showcasing what a broker’s value truly is. Brokers who have been through many different market cycles recognize and know how to leverage those opportunities in their client’s favor. A seasoned pro can find inherent value where others may panic and mistrust the opportunity in front of them. Having an advisor guide you in going against the market’s grain is where the value proposition of a great broker lies.   

Moreover, an established buyer’s broker can often ‘part the sea,’ if you will, getting their clients’ offers considered first by the seller, who can rely on the broker’s consistency and track record in seeing the deal through to the end without any issues.

Sadly, buyers often feel they cannot trust a broker based on negative prior dealings. I spend much of my time cleaning up what others have overpromised and underdelivered. It is a trust exercise in convincing the client to believe that what I say, I will do.

I also spend time clearing up falsehoods, such as that buyers believe because they don’t have a broker, they will have more leverage to offer by applying commission points to incentivize the broker to move forward with their offer– even if it’s not at the same price–or that the commission adjustment allows the seller to have more to take home.

Most people don’t realize that when a buyer doesn’t have a broker representing them, two things happen: The listing broker has no issue driving that bid up whether they have a broker or not and most likely will still increase the bid to maximize the seller’s profit. They may not always disclose transparently to the seller that the buyer has come in without representation. Therefore, they are capitalizing on the additional 1.5 or 2 percent it may have saved and allocating it to their own pocket.

While we recognize it is a conflict of interest, it is the fiduciary responsibility of both the buyer’s and seller’s broker to disclose if a dual agency has been created. 

Without using a buyer’s broker, the listing agent’s fiduciary responsibility remains with the seller, not the procuring buyer, so the buyer entering the transaction is walking into a situation where they have no one advocating on their behalf.   

The bottom line is that when you are putting a substantial amount of cash into an asset, it is incumbent on all parties to have a representative looking out for their needs to ensure they are getting the most value for their asset, whether on the buy or sell side.

As a real estate advisor, I am very uncomfortable ‘selling’ my value to anyone. However, I am a big believer in actions speaking louder than words. Anyone wishing to enter into a real estate transaction should look very carefully at their agent’s actions to appreciate best what they bring to the table.

Issue 127 – The Price Isn’t the Price

A new calculation is changing what a New York apartment is actually worth. For decades, NYC real estate has been obsessed with price per square foot. However, now we may be entering the era of cost per year.

Consider two apartments of the same size, price, amenities, light, view, and location. If one has $6,000 in carrying costs and the other $11,000, are they really worth the same amount?

Increasingly, I would argue they are not because buyers aren’t simply purchasing apartments anymore. They are purchasing the economics of the buildings they’re in, which are starting to matter enormously. Think: insurance, labor, utilities, repairs, taxes, assessments, energy compliance, staffing, capital improvements, and reserves. While monumentally important, none of these photograph well, but all determine whether an apartment is easy to own — and eventually sell.

We have always understood that certain characteristics affect value: a lower floor trades differently from a higher one, an awkward layout matters, a protected view commands a premium, and poor light equals a discount. However, I contend another discount is related to the aforementioned carrying costs.

The sexiest amenity in New York real estate may soon be a healthy balance sheet. That sounds less exciting than a lap pool, unless you are the one writing the checks. Operating costs in New York have been rising, putting pressure on building budgets and making previously deferred capital projects harder to ignore.

The 2026 New York City Price Index of Operating Costs — which tracks expenses for the city’s rent-stabilized building stock — illustrates the broader pressure. Over the five years through 2026, insurance costs in that index increased more than 80%. Maintenance increased 29%, utilities more than 26%, administrative costs more than 21%, and labor nearly 16%.

Those figures aren’t a direct proxy for every condominium or cooperative in Manhattan. But they illustrate something anyone involved in operating New York buildings already understands: buildings are getting more expensive to run.

One mistake buyers can make is falling in love with the apartment and treating the building as secondary. In New York, you aren’t just buying four walls; you’re buying into a small economy. You’re inheriting its management decisions, staffing structure, physical plant, reserve philosophy, insurance exposure, and capital planning.

A building that deferred maintenance may appear inexpensive today because it hasn’t yet charged owners for the work it needs. That doesn’t necessarily make it inexpensive. It may mean the bill hasn’t arrived yet. Conversely, a building that recently completed an expensive façade project, replaced major mechanical systems, or invested in energy efficiency may initially appear less attractive because owners have already absorbed those costs. We need to consider which building presents the greater risk over the next decade. The answer isn’t always obvious from the monthly maintenance number.

Buyers understandably love low carrying costs, and brokers value them because they make a property easy to market. But low monthly charges deserve as much scrutiny as high ones. A good broker asks: Why are they low? Is the building extraordinarily well managed? Does it have other income? Are the reserves substantial? Or has the board resisted increasing common charges while postponing expensive work?

An important distinction exists between efficient and underfunded. A well-run building with appropriately funded reserves may ultimately be far more economical than one with artificially low monthly charges followed by recurring assessments. It’s not just the number that is meaningful, but the story behind it.

Few words cause more anxiety in a New York transaction than “assessment.” Even here, context matters because not every assessment is a red flag. An assessment financing a necessary capital improvement can actually strengthen the building. A new roof, elevators, façade work, upgraded mechanical systems, or energy improvements may protect long-term value.

The more important questions a sales pro considers are: What is the assessment for? Why didn’t reserves cover the expense? Is it part of a thoughtful capital plan or the latest in a recurring series of emergencies? And, perhaps most importantly, what comes next? A $500 monthly assessment with a clear end date concerns me considerably less than a building with no assessment, minimal reserves, and several million dollars of foreseeable work.

New York’s environmental requirements add another layer of complexity. Local Law 97 places emissions limits on many large buildings and creates increasingly stringent requirements over time. The encouraging news is that the overwhelming majority of covered privately-owned buildings are currently meeting the applicable limits.

But buyers should still understand what their particular building is facing; Has the Board commissioned the appropriate studies? What capital improvements may eventually be required? Has money been allocated? Is compliance incorporated into long-term planning? The concern isn’t whether a building faces a penalty today; it’s whether the building has a credible plan for tomorrow. That, increasingly, is part of due diligence.

New development creates its own version of this problem. Buyers are understandably attracted to pristine buildings with spectacular amenities and, sometimes, surprisingly reasonable initial common charges, but what will the building actually cost to operate when it is fully functioning?

Pools, spas, private dining rooms, screening rooms, landscaped terraces, playrooms, fitness centers, and mechanical systems all require staff, maintenance, and money long after the sales office closes.

The glossy brochure tells you what you’re getting. The budget tells you what you’re buying — both matter.

This conversation also requires nuance when comparing co-ops and condos. A co-op’s maintenance can initially look dramatically higher because it often incorporates expenses that a condo owner pays separately, including the shareholder’s proportionate share of the building’s real estate taxes. A condo may show a lower common-charge number while property taxes sit alongside it.

So, comparing maintenance to common charges without understanding what each includes is meaningless. The correct question isn’t: Which monthly number is lower? It is: What is my total cost of ownership, and what am I receiving in return? I believe strong building economics will increasingly become an amenity in their own right.

Brokers spend an immense amount of time learning how to talk about marble, appliances, ceiling heights, views, and finishes. We should be equally capable of explaining the financial health of the building we’re selling, because that is a big part of valuation.

None of this means price per square foot is irrelevant. It’s still an important metric. But like any metric, it becomes dangerous when used without context.

I’ve spent my career watching New York buyers pay premiums for things that cannot easily be replicated, including light, views, ceiling height, architecture, location, outdoor space, great proportions. But I always add another thing to the list: financial soundness. That may not command the same emotional response when someone walks through the front door. But increasingly, it may command something just as valuable – confidence, which matters in uncertain markets.

For years, we’ve asked buyers how much apartment they can afford. Now we need to start asking them how much building they can afford.  Because in New York, you don’t just buy the apartment — you inherit the economics beneath it.

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