Prior to the 1990’s, real estate purchase contracts were only two pages and were written to protect the “seller”. All real estate professionals pretty much represented the “seller”, not the buyer in any transaction. Today, real estate purchase contracts are eleven pages with several pages of addendums and are written to protect the “buyer”. In the earlier days of real estate, the agent, hired by the buyer was working for the seller. This meant that everything the buyer discussed with the agent was disclosed to the seller.

The real estate agent had never met the seller of a particular home but the law stated that the real estate professional was an agent for the seller. This is almost unheard of now, but some companies and or their agents still use this practice.

The real estate laws have changed but in the best interests of the buyer or seller, whomever the agent represents. Real Estate professionals now use a form called an “Agency Disclosure”. This form should be signed by the party to the transaction PRIOR to writing an offer on a home. This will assure the buyer the agent negotiates an offer in the buyer’s best interests.

Commission to a closed transaction is paid by the seller. Some so called savvy buyers think by dealing directly with the agent for the seller no other agent needs to be involved and therefore the buyer has a better opportunity in negotiations of a contract and commissions are more likely to be reduced by the listing agent. Since the listing agent represents the seller, then the listing agent has a fiduciary duty to the seller. What this means is the listing agent will try to get the best “deal” for the seller not the buyer. If the agent represents both sides to a transaction there cannot be any discussions on price, opinion of value or any recommendations to the buyer as to what price to offer on a home.

As a buyer you want to know who’s working for you and looking out for your best interests. Do not take “representation” lightly as it could cost you thousands of dollars. Let’s say you hire an agent who works for ABC Company. This agent shows you a home that is listed by ABC Company but by another agent in the office. Guess what? The same rules apply as above. Even though there are two agents involved in the transaction, both agents work for the same company and therefore represent the seller. Agency can be somewhat complex and there are exceptions to these laws but this is the easiest way to explain it. One way to understand this is to remember that no matter what agent you hire to represent you, whether you’re a buyer or seller, you are actually hiring the “company” that the agent works for.

Probably the biggest misunderstanding or misconception of representation is with brand new model home communities. Ever seen the sign in a new home sales office that says “Buyer must be accompanied by their real estate agent on their first visit”? That sign is there for a reason. If you are not escorted by a real estate agent on your first visit then the builder will not allow you to be represented. The salesperson works for and represents the builder/seller and will try to get the builder/seller the highest price possible for their homes.

Many buyers believe if they go into a new home community on their own they can save the money or get a discount on their home less the commission that is being paid by the builder to the agent. This is not true. Not being represented by a real estate agent will most likely make you feel like a goldfish in a sea of sharks.

Buyer’s agents use a real estate form in their business called a “Buyer Broker Exclusive Employment Agreement”. Many buyers tend to shy away from signing this disclosure form upfront, but it really protects the buyer and buyer only. It’s not an agreement that forces the buyer to purchase a home but rather an agreement in writing that the agent agrees to “exclusively” represent (look out for their best interests and work for the buyer making sure they get the best possible price for the home) the buyer when they do decide to purchase.

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