![]() | |
![]() | |
![]() |
Real Estate Information |
|
![]() |
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: The dreaded Zillow ban is finally here. Here's what you can do Business Insider Angela Oakley Says Husband Charles Won't Fund Real Estate Ventures After She Lost Millions People.com Zillow’s now enforcing its listings ban: 3 things to know - Real Estate News by RealEstateNews.com Zillow’s now enforcing its listings ban: 3 things to know Real Estate News by RealEstateNews.com Colorado mountain town real estate markets see surge of new listings, price drops — but is it a buyer’s market? SummitDaily.com Real estate transfers in Adams County from June 16-20, 2025 Muddy River News NEUBERGER BERMAN REAL ESTATE SECURITIES INCOME FUND ANNOUNCES DECLARATION OF REGULAR MONTHLY DISTRIBUTION PR Newswire Unlocking Japan's Dormant Real Estate Potential: Marubeni and Dai-ichi Life's Bold Venture - AInvest The Flathead’s Frozen Real Estate Market Begins to Thaw Flathead Beacon Here are businesses on the move in Marin, Solano and Sonoma counties The North Bay Business Journal 'Keep it moving': HGTV cancels TV show hosted by Georgia couple after 4 seasons Savannah Morning News The Face of Real Estate in West Sonoma County pacificsun.com Zillow readies for battle with Compass Real Estate News by RealEstateNews.com Logistics and warehousing dominate Lehigh Valley commercial real estate market Lehigh Valley Business Real Estate Transactions, June 30 edition Hopkinton Independent Nuveen: Leading the way in a changing real estate market Private Equity Real Estate | PERE Texas Employees commits $483 million to real estate, private equity, infrastructure Pensions & Investments Two local real-estate firms merge to form Venture Fox Realty Group The Altamont Enterprise Seattle City Employees slates €60 million for European real estate fund Pensions & Investments Egypt Sherrod Shares Heartbreaking News About HGTV's 'Married to Real Estate' Country Living Magazine Real Estate: June 16 to June 20 Newport This Week Real Estate Transfers: June 30, 2025 The Owensboro Times Brooks Ballard International Real Estate Celebrates Transition, LGBTQ+ Owned Business of the Year Award Recognition Business Wire Crow Holdings Capital: Specialty real estate surges as investors chase demographic-driven demand Private Equity Real Estate | PERE AXA IM names real estate heads for North America and Asia-Pacific Pensions & Investments Rockpoint: Back to basics: Real estate’s next chapter will demand local insight Private Equity Real Estate | PERE LaSalle on real estate: the world’s simplest, most complicated asset class Private Equity Real Estate | PERE From lakefront real estate to iconic property ownership, Okoboji native helps lead region into the future SiouxFalls.Business Hyatt to Sell Playa’s Real Estate Portfolio Daily Lodging Report Rosa Hawes, trailblazing Dayton real estate pioneer, civil rights advocate, dies at 94 Dayton Daily News Deadline For Paying Real Estate Taxes At Face Amount ButlerRadio.com In a gridlocked market, it’s time to take assumable loans seriously Real Estate News by RealEstateNews.com NMPERA reveals $20m additional commitment to real estate fund Private Equity Real Estate | PERE Real estate tax deadline today Butler Eagle VPIC receives recommendation to commit $50m to real estate Private Equity Real Estate | PERE A Long, Winding Path to Selling Real Estate in the Hudson Valley The New York Times Buyers and sellers win in this unique real estate market in the Valley Wet Mountain Tribune Hyatt to offload Playa real estate, remain operator HOTELS Magazine Neuberger Berman Real Estate Fund Maintains Steady Monthly Income With $0.0312 July Distribution Stock Titan Amanda Carter: Premier Hervey Bay Real Estate Agent Redefining Client Success and Community Engagement GlobeNewswire The Best Real Estate Agent in Douglas Lake: Katelyn Warren ACCESS Newswire Radio Real Estate 6/28/25 My Bellingham Now Mansion in The Ridges hits the market for $9.8 M Las Vegas Review-Journal Form 424B3 Forum Real Estate Income StreetInsider Jewish real-estate investors look to Israel amid Mamdani victory The Jerusalem Post Chicago-based developer building community in Katy area as part of multicity effort The Business Journals Apple spends $517 million on Bay Area real estate in a single week San Francisco Chronicle Real Estate City of Oakland, CA (.gov) Major Last-Mile Deal: Town Lane Acquires Massive 2.7M SF Industrial Portfolio in High-Growth Raleigh Market Stock Titan King & Spalding Hires Colby Jenkins as Real Estate Partner Bloomberg Law News ENTER-TV-MARRIED-REAL-ESTATE-CANCELED-MCT timesdaily.com |
![]() |
![]() |
![]() |
RELATED ARTICLES
Property Investing - Am I Buying for Profit or Prestige? All of us have emotional preconceptions and assumptions. They are reinforced and fine tuned by our experiences of life, be they traumatic, disciplined or consistent. Choosing An Estate Agent With so many estate agencies vying for your business, choosing the right agency can be difficult. We have put together the following top ten tips to help you find and use the most appropriate estate agent to sell your house. Selling Your Home - What Can Go Wrong With Title and Lenders If you're selling your home, there are going to be difficulties at some point in the transaction. Some problems can't be fixed. Preparing To Make A Zero Down Offer I'm going to focus on the Seller of a hypothetical property you have found and the offer that you are going to make. You want to write it so it has a reasonable chance of being accepted. Will a 1031 Property Exchange Solve Your Problems? If your problem is listed below, a 1031 exchange may or may not be your solution.1. Evil Gains Entry When we open our doors to strangers, we can never be certain what malice an outsider might bring in. Police officers tell us to keep our doors locked with good reason. Why Property Investors can Crash and Burn Many experts say you can't lose if you put your money into Property. Not true. The Real Estate Bubble Fallacy There has been a lot of talk lately about the "Real Estate Bubble", and a lot of folks are asking the question: "When it is going to burst"?They are saying that the market just can't sustain this level of growth and appreciation much longer, and I heat them say that it is inevitable that it must come crashing down soon. People are worried. Property Investing Secrets 1 When property investing, pay the seller their asking price but negotiate the terms under which you can buy property. You'd be absolutely surprised when property investing at how many sellers will help fund you into their property. How to Achieve Financial Freedom with Your Home The secret disclosed on how you too could achieve financial freedom through property (and tell the pension companies just where to stick their measly, worthless 'pensions') Geoff Morris is a self-made property millionaire who made it in less than 18 months even with a hectic 'day job'. He has written a series of articles to help people like you achieve the same levels of success - as long as you are willing to 'Go For It!'Many people these days are getting more and more concerned as they approach retirement age. Real Estate Inspection - Do Your Own Why should you do your own real estate inspection? To get a better deal. It isn't necessary to learn building codes, and you probably should use a professional inspector in any case. Real Estate Investing Is A Better Gamble Than The Lottery Real estate investing begins when you move to the starting point.Get ready. Rental Property Management - Ten Questions Why hire rental property management? Because doing it all yourself is the surest way to make your real estate investment experience a bitter one. You also have more time to find the next deal when there is someone taking care of the details for you. Property in Bulgaria - Huge Investment Potential Bulgaria is a truly magnificent country, located in Eastern Europe with an amazing coastline that stretches over 340km along the Black Sea, with a backdrop of one of the world's most magnificent mountain ranges and the beautiful and historic capital city of Sofia.Today Bulgaria not only offers one of Europe's most attractive and unspoilt holiday destinations it is also host to what will be one of the most dynamic and as of yet relatively untapped property and real estate markets. Investing In Land Changing social trends point to a huge rise in demand for housing within the next twenty years.With an ageing population and more single people requiring accommodation, it comes as no surprise that the government has ordered planning authorities to find more land to develop, including areas of greenbelt. Interior Design Secrets for Selling Houses New concepts in Interior Design Psychology are helping home sellers net more money in today's competitive real estate market. Therefore, it's worthwhile to spend time planning the changes that will help your home sell for the highest price. Financing Houses What Real Estate Lenders Look ForLenders control many programs -- some make use of over 200! Generally, lenders look for the following typical standards, with many exceptions:1. Absolutely no late mortgage payments2. The Benefits of A Real Estate Agent 101 Buying and selling property is not as easy as you may think. There are many things that you have to consider when purchasing a home, or when putting a home up for sale. 6 REASONS for Investing in Florida Real Estate Investment Property NOW I invite you to take the next few minutes to learn the truth about the real estate market, how it compares to other methods of building assets and why it is such a lucrative form of investing. Many potential investors will say, 'I need to get into the Florida Investment Property market', especially taking into account current stock market fluctuations and the HOT market for investment properties, but simply don't know the facts about Orlando property investing and how to use sale and leaseback method of property management. The Value of Foreclosed Property The discount on a foreclosed property is not as great if the state allows deficiency judgments by lenders against borrowers. In contrast, the discount is larger if the property is being sold in a state that requires foreclosures to proceed through the judicial system. ![]() |
home | site map |
© 2006 TIGER MEDIA |