All About Buyer
Agency
The Agent, unless specifically
disclosed otherwise, represents the seller in any
transaction for the sale of a home. It is that Agent's fiduciary
duty (where their loyalty lies) to protect the seller's position
at all times.
Buyer's Agency, however, is an option available
to you. Simply put, it allows the Agent with
whom you are working to be your representative and to put
your interests above all others.
Example 1: You see a house advertised in
the newspaper, a home magazine, or the Internet. You contact
the Listing Agent (this is who will be advertising the home)
and make an appointment to see the house. The Agent is friendly,
informative, and tells you what you believe to be everything
about the house. The Agent represents the seller, not you.
Simply put, it allows the Agent with
whom you are working to be your representative and to put
your interests above all others.Example
2: You are working with an Agent,
who shows you 25 different homes over 3 weekends. The Agent
buys you lunch twice, knows all 4 of your children by name
as well as all of your personal likes and dislikes, but does
not offer Buyer Agency. You feel comfortable with the Agent,
revealing important personal information. Without Buyer Agency, "your" Agent
represents, and owes loyalty to, each and every one of those
25 sellers--not you. Any information you reveal to the Agent
must be relayed to the sellers.
"Okay," many buyers say, "so
the Agent represents the seller and not me. Is that a big
deal?" Maybe not, but it is important to understand
that if the Agent represents the seller, they cannot reveal
certain things to you, as the buyer:
The reason for selling (unless the seller
specifically authorizes it)
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Any concessions, in price or otherwise,
that the seller may be willing to give up.
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Any conversations that the seller
and the Agent may have had.
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Any information that could be detrimental
to the seller, or give you, the buyer, an advantage.
This would include a CMA (Comparable Market Analysis)
that could put the seller at a disadvantage.
-
Buyer Agency turns the tables. If
a Buyer's Agency agreement is struck between you and
the Agent, it is you, rather than the seller, who has
the representation from the Agent with whom you are working.
If you are represented by a Buyer's Agent, some of the potential
benefits include:
-
The Agent can develop a CMA (Comparable
Market Analysis), revealing at what price similar properties
in the area have been listed for and sold for.
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The Agent can reveal to you any information
about the seller that the Agent has been able to ascertain.
This may include reasons for selling, potential concessions,
or other information that may be to your advantage.
-
Information about property value trends
that may influence your decision about a certain area
can be relayed to you.
In summary. Is it necessary to have a Buyer's
Agent? No. Thousands of home buyer's have been well served
dealing with the seller's Agent. (For years, it was the only
way it was done). The important thing is to understand your
options, so that you don't unintentionally accept less representation
than you want.
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