Real Estate: Buyers Agent, Sellers Agent & Dual Agent (defined and explained)
There is a relatively new and not always well understood practice in Real Estate sales; it is called Buyer Agency or Buyer's Agent. Until recently Realtors and agents usually represented the seller, in opposition to the buyer, during the real estate transaction. Even the real estate agent who drove you from home to home was not truly working on your behalf. By law, the agent was required to work on the seller's side in order to get the highest price and the best terms for the seller -- Period! Some agents still work this way. In the last few years, first the law and now the practice of representation has changed. We have an entirely different set of options and agreements when we are buying real estate. These options were previously only available and utilized by large companies or wealthy individuals. In the past, the buyer would get a buyer's representative by paying a fee up front and usually by the hour, until the transaction was complete. Twenty five years ago, as a personal agent for wealthy clients and companies, I charged and worked an average of 20 hours a week for $30 per hour, plus expenses, plus 10% of the transaction (or when I was the buyer's agent, a $2,000 retainer fee to start with and then $30 per hour and 10% of the amount below the listed price that I was able to obtain for my buyer. If there was financing involved I also was paid to find and obtain the best financing). That has changed dramatically. As a buyer's agent, a signature on a buyer's agent contract from my buyer begins the transaction. Usually the same original commission fee that would have been paid by the seller is split and half goes to pay the buyer's agent. In some cases the selling agent does not set up any fee to the buyers agent, or a very reduced fee, such as those agencies that advertise 2% or 3% or 4% commissions to the sellers, etc. In that case the Buyer just picks up the missing commission and at settlement another 4% or 5% comes out of the transaction and goes to us as Buyer's Agent. In other words there is a guarantee from us that we are working ONLY for you the buyer and in exchange you guarantee us a commission of 5% - which is usually already taken care of, or at least part of it, in the seller's commission. I can draw this division of fees out for you on paper if need be when we meet the first time. Bottom line; you don't pay any more and you get the absolute best representation. The buyer's agency arrangement begins with the initial interview, continues through an initial selection of properties to investigate and view and then to contract negotiations. This culminates with the final settlement and transfer of funds for property. The buyer may choose to have an agent specifically committed to representing his best interests. The great part for the buyer is that he/she gets the benefit of decades of experience and professional knowledge, all of our connections and reputation with those connections, and pays nothing until final close of transaction. Where else can you get the best possible professional service and pay nothing until it's complete and satisfactory. Will your doctor, lawyer, accountant, mason or carpenter do that... NO. We do, if you contract with us first. Otherwise we represent the seller at your expense! This is true of all Realtors by law. Which would you like? Recently real estate laws in virtually every state are being rewritten to allow and suggest that the buyer have his own specific representative. If you are the buyer and have a buyer's agent, your agent will try to get you the best deal possible, even if that is NOT in the best interest of the seller. Legally: "Buyer's Agency" is a relationship where the real estate agent is working FOR you with fiduciary responsibility (financial and legal responsibility). The agent is then legally bound to only the buyer and owes his entire loyalty and allegiance to the buyer alone. In the past, and even most of the time today, all real estate agents and brokers represent the seller alone; to get the highest price for the seller. In fact seller's agents MAY NOT disclose fully all that they know about a property to the buyer as they seek the highest price. The relationship of a broker and agent is established in writing with the seller when the property is listed for sale in the "Listing Agreement". In Delaware we are required to give each person we work with; buyer or seller; a written explanation regarding agency status. We have professionally written brochures that explain the "seller's agency" and it's opposite "buyer's agency". This agency disclosure must be explained, in writing, at the first significant contact of the agent with the buyer or seller. Agents in our office talk with a great number of long-distance buyers over the phone. We must, when we finally meet in person, disclose and determine which position we will take with the person we are speaking with. Some agents work mostly as seller's agents; some work mostly as buyer's agents and some work as a dual agent (where we act as full representative to both buyer and seller). Regardless of the role the agent takes -- it should be fully and completely known by all agents, buyers and sellers involved -- and it should be in writing. Let us now put this forward again: Seller's Agent: has the full and complete and sole duty to obtain the best deal for the seller. The seller's agent is ONLY allowed to give the buyer material facts about the property. It is customary for a cooperating broker and agent to be a subagent to the seller's agency established by the brokerage that has the written contract with the seller to sell the property. Buyer's Agent: has the full, complete and sole duty to obtain the best deal for the buyer. The buyer's agent may convey any and all information obtained in any fashion, including in depth investigations about the seller or the property. Dual Agent: has to be legally and financially loyal to both parties. Dual agency occurs when a real estate agency is contracted to sell a home. That means they have the listing, and an agent from that same brokerage, working as a buyer's representative, shows that listing. Dual Agency must be disclosed and agreed to in writing by all parties. Some people feel that Dual Agency is potentially a conflict of interests. It can be unless the agent is fully honest to all parties and they are fully aware of and in agreement with that relationship. Here, the entire purpose of the dual agent is to get the best possible deal, in all it's components, for both the buyer and the seller. There are, in general, two major personalities of buyer's agents. First is the agent who only and always represents buyers. The other is the agent who takes each transaction and each customer into account before making that decision. An agent who usually works as a buyer's agent, for instance, may NOT want to represent a particular buyer as that buyer's agent for one reason or another. The reason is usually one of some personality difference. As I put it, when speaking with a buyer whom I wish to represent "I will be your gladiator. I will do battle on your behalf, and at the expense of and against the interests of, the seller and the seller's agent." The buyer's agent must still be honest, but he need not be fair. For instance, if the buyer's agent is able to find out that the seller is in big financial or personal trouble and that the seller has a small mortgage on the property or that there is some impending deadline for selling the property, then the buyer's agent will tell the buyer. Together they will use that information to get a great deal for the buyer at the seller's expense... it that is possible. If I were a buyer, I would not even consider doing a real estate transaction without a buyer's agent to act on my behalf. I suggest that you are wise to do the same. If there are detailed and extensive negotiations that need to be done; such as unique and difficult terms that must be negotiated then (being the buyer) I'd ask that the buyer and the seller agree to have me as a dual agent. Whatever your choice, it should be in writing with your agent and must be known to all parties involved. Copyright © 2001-2004 by www.JodyHudson.com Source for this article is: http://www.kate-jody.com/essays/buyersagent.html
MORE RESOURCES:
London Ontario Real Estate Information
Can I Sell My Private Mortgage Notes?
How to Prequalify a Buyer When You Sell Your Home By Owner
Purchasing Property With No Money Down: My Personal Experience
Budgeting Your Log Home: Where Do You Start?
How to Get Financing after Filing Bankruptcy
Joint Ventures In Real Estate Development; So How Do They Work?
How to Price Your Property?
How to Make the Real Estate Market Work For You and Get The Most Money
Cheap, Bargain, Real Estate; Good Deals, Below Market, Low Priced Properties Are Available...
Real Estate: Reasons and Priorities for Purchasing Property
A Powerful Suggested Technique for YOUR Home & Property Search
Horses In My Back Yard
How To Give Yourself A $20,000/Year Raise Without Asking Your Boss
How Do I Implement The Lease Purchase Plan?
How I Became a Real Estate Investor
Safe, Scenic & Secure Sussex County Delaware
Quality of Life in Sussex County Delaware. Facts, Statistics, Observations and even opinions!
Investing in Real Estate Profitably: Financing Options for Purchase of Rental Houses, Part 1.
Investing in Residential Real Estate: Achieving Positive Cash Flow
Regarding Real Estate On Leased Land
How Much Home Can You Afford In Todays Market?
Why Do Realtors Advertise Your Home in Print,on the Radio, on Television, etc.?
I have a buyer for your property and I can sell it now!
Where Does Your Real Estate Commission Fee Go - Why is The Commission so HIGH?
What We Do To Sell Your Property!
Maximizing Curb Appeal and First Impressions to Sell your Home
Juggling The Day With A Deal
The Many Benefits Of Lease Purchasing
Various Aspects Of The Lease Purchase Business
What Can I Realistically Earn In A Lease Purchase Business?
Real Estate, Real Property and Leased Land; Definitions, Discussion and Explanations
Tax Deferred Exchanges of Investment and Business Real Estate
High Tension for the Buyer and Seller of Real Estate Can Be Reduced
Legal Information About the Real Estate Contract
Real Estate: Buyers Agent, Sellers Agent & Dual Agent (defined and explained)
Landscaping Adds Great Value to Real Estate And Helps You Sell
Are You Profiting From O.P.P.?
The Many Ways To Profit From O.P.P.s Multiple Cash Streams
How Do You Profit From O.P.P.?
Lease Purchasing Is The Perfect Home-Based Business
Buying Country Acreage and Rural Properties, To Buy or Not To Buy
The 21st Century Way To Build Equity
Property Types A, B, C And D
The Psyche of The Seller and The Tenant Buyer
Reprint Rights and How To Use Them To Generate A Steady Income
Seller Objections To Lease Purchase
Tenant/Buyers Have Multiple Options
The Devine Secrets Of The Ya Ya Lease Purchase Hood
How To Get The Best Rental Accommodation In The Area By Using Your Capital
Strata Title Hotel Investments
Why You Should Rent To Live And Buy To Invest
Time Is A Major Real Estate Wealth Growth Tool, So Use IT And Watch Your...
Property Auction & Why You Should Run A Mile From Them
Condo Hotels Offer Luxury and Great Investment Potential
Condo Hotel Trends - A Look at the Big Picture in Vacation Home Ownership
The Benefits of Fractional Ownership in Private Residence Clubs
Real Estate Development Marketing
Buying Land For Development Requires Careful Planning and Execution
Home Inspections or Home Warranty?
Peace of Mind for Home Inspections: Choose the Right Inspector!
Preparing To Make A Zero Down Offer
Using The Internet In Your Lease Purchase Business
Real Estate Local FAQs.
Sell Houses Fast & Top Dollar: Design Psychology
What is a Predatory Lender?
Find Bucks in Yucks! 20-Year-Old Woman Turns Doghouses into Dollars!
Selling by Owner = Saving by Owner?
You Have 15 Seconds to Sell Your Home! 11 Steps You Can Take to Sell Your Home for Top Dollar
Selling by Owner Tips
Using Transformation Psychology to Sell Investment Properties
How to Become a Successful Real Estate Investor
Buying Houses: Types of Bargains to Find
Financing Houses
Using Color Psychology to Sell Your Home
Five Things to Help Sell Your Home Fast, and For More Money
Ten Steps for Becoming a Successful Real Estate Investor
Finding a Great Listing Agent for Your Home: 8 Tips
Selling Houses: Design Psychology and Interior Colors
Interior Design Secrets for Selling Houses
Five Ps of Selling Houses
Selling Houses: The Basics of Design Psychology
The Costs of Transforming Your Home into a Buyers Dream House
Fixing Houses: Mixing Your Own Paint for Savings and Harmony
If Your House Is a Mess, You Dont Have To Sell For Less
18 Easy Steps to Buy a Bargain House
How to Choose Your Real Estate Lender
Create a Sizzling Home Sales Flyer
A Beginners Guide to Flipping Houses
Questions Investors Should Ask When Buying and Selling Investment Property
Real Estate Investing: How to Choose a Lender
Real Estate Investing: Infomercial and Mentoring Scams
Why You Need a Lender to Sell Your Home
Selling Your Home: The Power of a Great Sales Flyer
The Secret to Maximum Real Estate Profits: Lighting
Selling Investment Houses: Props & Profits
Selling Houses: Cutting Edge Design Tips for Selling
Dont be Tempted by We Buy Houses (Updated)
Buying and Selling Distressed Houses for Maximum Profit (Update)
Selling Houses Fast: Basics of Design & Color Psychology
Selling Houses: Flooring & Feelings
Selling Houses: Psychological Effects of Landscaping
Credit Help: Buying Real Estate -- Not the Same as Buying Cars
Fixing Houses: Using Psychology for Profits
Selling Your Home Quickly, Even if You Have No Money For Repairs
Talk to a Lender Before You Sell Your Home
Selling by Owner Escrow or Closing Checklist
Investing in Real Estate Profitably: Eliminating the Need for Mortgage Insurance
How to Make Money in Real Estate Without Doing the Scrunch Work
Achieving Positive Cash Flow from Your Real Estate Investments
Selling Houses: Design Psychology Works!
Selling Your House Fast!
Transforming Doghouses into Dollhouses
Selling Investment Houses: Psychology of Mirrors
A Real Estate Primer
What are the Elements in Real Estate?
Curb Appeal
What to Look Out For When Buying Off Plan
Staging® Your Home for Sale: a Superior Real Estate Home Marketing Technique: Part 1
What Does It Take To Be A Donald Trump in Real Estate?
On the Crossing of Continents
Panama is Hot - A World Class Retirement Haven Thats Ripe For Profitable Real Estate Investment
Personal Branding Techniques for Real Estate Agents and Brokers
Real Estate Investing Myths That Steal Profits From Your Pocket
Budgeting Your Log Home - Creating a Checklist
Do You Want To Sell Your Rehabs Fast?
How Much Should I Pay For This House?
Real Estate Investment 2005 - The Hottest Countries for Investment in 2005
Real Estate Investment - Why it is Big Business?
Tax Free Exchanges: Watch out for the New Residence Rules
Home Inspectors - Negotiating a Lower Price
Finding the Right Real Estate Agent:: A Guide for Seniors
Why it is Important to Hire Just One Real Estate Agent to Buy a Home
The Professional Investors Plan
How to Buy a Home When Your in Your Twenties
Why Invest In Property?
Location, Location, Location
Prepare Your House for a Successful Sale
Pricing your House to Sell
Virtual Agent? Online Real Estate
Curb Appeal
Water, Water Everywhere on the Waterfront
Before Selling Your Home
When Showing Your Home
For Sale By Owner Listings
Should you Sell your Home yourself?
Evil Gains Entry
How to Sell Your Own Home and Save Thousands of Dollars
Home Inspection Checklist - Home Inspectors
The Value of Foreclosed Property
Investing In Commercial Property
Investing In Land
Selling Your Home - A FSBOs Guide to Keeping It Safe
Seven Questions You Should Ask When Buying a Condo Hotel Unit
What is a Foreclosure?
Expenses of Home Ownership
Dealing With Dual Real Estate Agents
At Home In Your Overseas Home
A Real Estate Investing Primer
The Real Estate Bubble Fallacy
Tax Assessment/Appraisal: How Do I Know What My Home is Worth?
How to Build a Real Estate Investing Power Team
How Can the Average Person Build Wealth in Real Estate?
Product Review of Carelton Sheets No Money Down Course
Real Estate News
Types of Listings with Agents
The New First Impression in Home Selling
Buying a House in Scotland
Fixing Houses for Resale: Three Beginning Steps to Increase Profits and Have Fun
Basic Tips for First Time Home Buyers
Homebuyer Heaven Can't Possibly Last
Selling Your Property Without An Estate Agent
Avoid The Traps Of Finance
Big Discounts With Property Investment Clubs?
New or Old House?
How Not To Blow Your Build Budget
Is a Vacation Home Right for You?
Should You Buy Real Estate Now
Staging Homes for Top-Dollar Sales
Real Estate Bankruptcy
How To Negotiate A Higher Price For Your House
Maintaining Small Town Charm In An Ever-Changing World
OPM - The Art of Leveraging
A Difference Between Appraisal, Assessment, Home Inspection
Investing in Real Estate Like a Stock
Getting Raw Land, Not a Raw Deal!
Investing in Real Estate Vehicle for Wealth Building
A Possible Bargain: Foreclosed Properties
How Can I Stop Foreclosure on My House?
Buying New Construction...How Do I Begin?
Dont Sell Your House--Ever!
A Singles Game of Real Estate
Investment Real Estate Done Right -- Your Quickest and Safest Path to Wealth
Atlanta Georgia Real Estate - Marietta - East Cobb, Roswell, and Alpharetta
How to Attract Clients in Residential Real Estate
How to Build Your Dream Home
Property in Bulgaria - Huge Investment Potential
Unravelling The Real Estate Buying Process in Canada
Why Canadian Real Estate is Such Good Value
How To Find Your Dream Home In Belize
Negotiating the Real Estate Contract
Be A Realtor With Curb Appeal
Investment Real Estate -- A New Twist: Be the Bank, Not the Landlord, and Get Rich Without the Work!
Build Your Retirement By Investing In Real Estate
Appraisal vs. Market Value: How to Avoid Pitfalls in the Sale of Your Home
Utah Real Estate
Purchasing Land: What To Look For
If You Cant Afford to Retire...Move
Moldy Homes are a Great Investment
NAR® Broker Will Swear It - Real Pro' Agents Share It - FSBO Truth
How to Get the Best Price for Your House
Flat Fee MLS Listings - Is This The Future Of Real Estate
10 "No Money Down" Ways to Buy Real Estate
Look Past the Bottom Line for a Propertys Potential
10 Tips for Investing in Distressed or Foreclosed Properties
How to Research and Purchase a Good Investment Property
Termite and Moisture Damage Not Reported
Free Tips That Will Dramatically Increase the Selling Value Of Your House (Part 1)
Dont Overpay for a House, Even in Todays Market
What Homeowners Should Know to Stop Foreclosure- Speaking Your Lenders Language
Finding A Capable Agent To Meet Your Real Estate Needs
How to Prepare Yourself for Owning a Dual Purpose Second Home
Conditions Are Right For Buying The Higher Priced Home You'Ve Always Wanted
What To Expect In Closing Costs On A Home Purchase
Avoiding A Bad Investment Is Easier Than You Might Think
Working With Your Real Estate Attorney
What's Your Style? A Guide to America's Most Common Home Styles
XML error: XML_ERR_NAME_REQUIRED at line 1 | 
