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The Broker Who Lost Me $40,000 (And What I Should Have Done Differently)
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The Broker Who Lost Me $40,000 (And What I Should Have Done Differently)

March 15, 2026

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By Tanner Sherman, Managing Broker

I trusted the wrong broker. It cost me $40,000.

Not in a commission dispute. Not in a lawsuit. In a deal that should never have closed at the terms it did, because the broker who was supposed to represent my interests was working a different angle entirely.

This is a story I don't love telling. Because the mistake wasn't complicated. It was obvious. And I made it anyway. Every red flag was there. I saw them. I rationalized every single one. If it saves one investor from making the same mistake, it's worth the ego hit.

The Setup

A few years back, I was acquiring a small multifamily portfolio. Nothing massive. A handful of buildings, about 30 units total, in a market I knew well. The numbers looked right on paper. Good location, rents slightly below market, stable tenant base. Classic value-add-playbook-for-b-and-c-class-multifamily) play.

I was working with a commercial broker who had been recommended to me. He had a good reputation. He had closed deals in the market. He said all the right things.

The problem wasn't that he was dishonest. It was that his incentives were completely misaligned with mine, and I didn't recognize it until after the ink was dry.

The Red Flags I Missed

Red flag number one: He brought me the deal.

The broker represented the seller. He also brought me in as the buyer. Dual agency, disclosed, technically legal in our market. But think about what that means. His commission doubled by getting both sides of the deal. His financial incentive was to close the deal at the highest price possible, as fast as possible.

I knew this. I signed the dual agency disclosure. And I told myself it would be fine because I trusted him.

Red flag number two: He rushed the timeline.

From our first conversation to the signed purchase agreement was less than two weeks. He positioned it as urgency. "There's another buyer." "The seller wants to close by end of month." "If you don't move now, you'll lose it."

Maybe there was another buyer. Maybe there wasn't. What I know is that the pressure to move fast caused me to skip steps I would normally take. I didn't order a full property condition assessment. I relied on the broker's verbal assurances about the condition of the buildings.

Red flag number three: The financials were the broker's projections, not actuals.

He sent me a pro forma showing what the buildings "should" rent for after minor improvements. Not what they were actually renting for. Not the trailing 12-month actuals. When I asked for actuals, he said the seller was a small-time landlord who didn't keep great records.

That should have been a full stop. It wasn't. I filled in the gaps with my own assumptions and kept moving.

What It Cost Me

We closed. And within 90 days, the real picture emerged.

The rents were $150 to $200 per unit below the pro forma. Not because the units needed minor improvements. Because several tenants had verbal agreements with the previous owner for reduced rent, and those agreements weren't disclosed in any document I received.

Two of the buildings needed significant capital work that a proper inspection would have identified. A roof that was five years past its useful life. A boiler system that was being held together with hope and duct tape. Combined cost to address: roughly $35,000.

The vacancy rate was higher than represented. The broker showed me the buildings fully occupied. What he didn't mention was that two tenants had already given notice and one was in the eviction process.

Add it all up. Below-market rents that took 18 months to correct because of existing lease terms. Capital expenditures that weren't in my budget. Vacancy costs during turnover and renovation). The total impact on my returns versus my underwriting was approximately $40,000 in the first two years.

The buildings eventually stabilized. I still own them. They perform fine now. But I spent two years grinding through a problem that $5,000 of due diligence would have prevented. Two years of stress, cash calls, and wondering if I had made a mistake I couldn't recover from. All because I let someone else's urgency override my process.

What I Should Have Done Differently

I'm not writing this to trash the broker. He did what brokers do. He closed the deal. His commission check cleared. From his perspective, he did his job.

The failure was mine. Here's what I do differently now.

Never Accept Dual Agency

I don't care how good the broker is. If they represent the seller, they don't represent me. Period.

When a broker brings me a deal where they represent the seller, I have two options. I bring my own broker to represent my interests, or I hire a real estate attorney to review everything in the broker's place. Either way, someone in the transaction has a fiduciary obligation to me and only to me.

The cost of a buyer's broker or an attorney is a fraction of the cost of a bad deal. On a $1 million acquisition, my attorney's fee might be $3,000 to $5,000. That's insurance against a $40,000 mistake.

Demand Trailing Actuals. No Exceptions.

If the seller can't produce 12 months of bank statements, tax returns, or accounting records showing actual income and expenses, I walk. Full stop.

Pro formas are marketing documents. They show you what the building could do under ideal conditions. I don't buy ideal conditions. I buy reality. And reality lives in the trailing financials.

If the broker says the seller doesn't keep good records, that's information too. It tells me the seller isn't a professional operator, which means there are probably other things they haven't tracked, maintained, or disclosed.

Control the Inspection Timeline

No one rushes my due diligence anymore. If a seller won't give me 30 days for inspections, I'm suspicious about what they don't want me to find.

Our inspection protocol now includes:

Full property condition assessment by a third-party inspector, not someone the broker recommended

Sewer line scoping on every building over 30 years old

Roof inspection by a roofing contractor, not a general inspector

HVAC assessment on every unit

Environmental screening if the building was built before 1978

The cost of all of this on a 30-unit portfolio is maybe $8,000 to $12,000. That's a rounding error on the acquisition price and it would have identified every problem I walked into blind.

Vet the Broker Before You Trust Their Deal

I now ask commercial brokers three questions before I engage on any deal:

How many transactions have you closed in this asset class and market in the last 24 months? I want specifics. Not "I've been in the business for 20 years." How many multifamily deals, in this market, in the last two years? If the answer is fewer than five, they don't have the deal flow or market knowledge I need.

Who are your references, and can I call them? Not testimonials on a website. Phone numbers of buyers they have represented. I want to hear from someone who was in my position.

What's your commission structure, and who's paying it? Full transparency. If they're getting both sides, I need to know before I evaluate anything they send me.

The Broader Lesson

Bad broker experiences aren't rare in commercial real estate. The industry is built on commissions, and commissions create incentives that don't always align with the buyer's best interest.

That doesn't mean all brokers are bad. I work with excellent brokers now who bring me legitimate opportunities with accurate information and transparent representation. They exist.

But I found them by learning, the hard way, what a bad one looks like.

The $40,000 I lost was tuition. Expensive tuition. But I have saved multiples of that amount on subsequent deals by applying the lessons.

Trust is earned in commercial real estate. It isn't given based on a recommendation, a firm name, or a confident handshake. Verify everything. Inspect everything. And never, ever let someone whose paycheck depends on the deal closing be the only person advising you on whether to close it.

That $40,000 bought me a rule I will never break again. I hope reading this means you don't have to buy the same lesson.

If you're buying or selling a real estate business, we've been through the process and know where the landmines are. Reach out at Tanner@TopTierInvestmentFirm.com.

Tanner Sherman is the Principal and Managing Broker of Top Tier Investment Firm in Omaha, Nebraska. He co-hosts the Freedom Fighter Podcast with Ryan of Avara Investments.

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