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Buyer's Agent or Seller's Agent?
Customer or Client?
The Buyer Agency Agreement
There are agents, and then there are agents. Yes, it sounds confusing. That's because the term "agent" is often used in a casual manner, referring to any real estate practitioner. But agent also refers to someone with whom you’ve established a formal agency relationship—someone who represents your best interests in a real estate transaction and owes you fiduciary responsibilities. Agency relationships are usually established in writing with buyer agency agreements, and require:
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loyalty |
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obedience |
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disclosure |
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confidentiality |
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reasonable care & diligence |
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accounting |
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If you are looking to buy a home, you have a choice in getting help. By working with a buyer’s broker, you are engaging a professional licensed person to be fully on YOUR team. Unless you specifically contract with an agent to represent you, his or her loyalty (and pay check) comes from the owners of the homes you are being shown.
We can then advise you on prices, taxes, advantages and disadvantages. We will also work with you regarding financing, inspections, and the best choices for people to work with. And, because we pride ourselves on our reputation and word-of-mouth for referrals, your satisfaction is our livelihood.
That's why it's vitally important to talk to the agent or broker early in your working relationship about his/her agency status. You may also want to consult your state association of REALTORS® to gain a better understanding about agency laws in your particular state, or contact the agency charged with regulating real estate professionals in your state, often referred to as the state real estate commission. Details vary from one state to another, and each brokerage has its own contract terms within these broader guidelines. But for purposes of illustration, this table outlines how your status may affect the level of service to which you are entitled:
Obviously, they can’t. But, depending on the real estate license laws in your state, and your status with the brokerage firm, the manner in which this situation is handled will vary. To get concrete answers, you should read and discuss the brokerage services disclosure statement, which should reflect your state’s agency law. If your agent hasn’t supplied a disclosure statement, you should ask for it. It spells out the different categories of agency services they provide and how they address dual agency. Almost all states require disclosure of dual agency and often require that a buyer’s rep (or his or her brokerage firm) only act as a dual agent with the written consent of all parties to the transaction. In such a situation, the brokerage agrees to endeavor to be impartial between both parties and will not represent the interest of either party to the exclusion or detriment of the other party. Neither will they share the confidential information of one party with the other party. This is how brokerage firms and their agents strive to create win-win situations for everyone involved. ////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////
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show you all the available homes that meet your criteria, not just those on the MLS |
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give you our opinion on what's wrong with a house, as well as what's right |
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give you our opinion on what a house is worth, not just the asking price |
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research the house (and the seller) and give the results to you only |
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help you find the best home inspector, mortgage broker, and attorney |
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help you negotiate for the best (lowest) price and the best terms |
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never reveal to the seller any information you discussed in confidence. |





John Kavaller, Realtor®
Catskill Sales Associates