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Congress Encouraged to Establish a Federal Mandate for Real Estate Agency Disclosure

By
Real Estate Agent with RE/MAX Integrity Oregon 200808151

As an Exclusive Buyer Agent, I was thrilled to see that the organization I belong to is pushing for a uniform agency disclosure form to be used nationwide. The below press release explains why this is a good idea.

NAEBA Calls on Congress to Establish a Federal Mandate for Real Estate Agency Disclosure

 AVONDALE, AZ  June 17, 2009 -- The National Association of Exclusive Buyers Agents (NAEBA) released a letter to Congress today urging members to include real estate agency disclosure language in legislation relating to mortgage lending reform, including the Anti-Predatory Lending Act and the ongoing discussion over the formation of a Financial Products Safety Commission.

 “Too many consumers have no idea that when they contact an agent listing a home, that agent must do everything possible to achieve the best outcome for the seller,” stated John Sullivan, President. “As a result, these consumers have no one involved from the beginning of the transaction who can advise them on negotiating techniques, price points or the acquisition of an appropriate loan.”

As Congress considers a range of measures to better inform consumers of their rights and responsibilities in the home buying process, NAEBA hopes to include clear, transparent and mandatory real estate agency disclosure language in legislative vehicles as they move forward. 

 “Clear, consistent and transparent real estate agency disclosure will help consumers better understand that there are many types of real estate agents, each of whom have responsibilities to different parties in a real estate transaction,” stated Sullivan, “Common sense suggests that when an agent is representing a seller or, in the case of dual agency both parties, neither the buyer’s nor seller’s interests are fully served.  Consumers need to have all the facts in hand in order to make informed decisions.”

 A recent NAEBA white paper titled “Consumer Protection and the Real Estate Industry,” makes clear the extent of the problem.  While the states have attempted to better inform consumers through state disclosure laws, inconsistencies in these laws, as well as lack of compliance and enforcement, have left most home buyers in the dark.  In fact, three studies by the National Association of Realtors since 2002 show that only about 30 to 35% of home buyers actually receive agency disclosure statements at their first meeting with a licensee, a level that is virtually unchanged since it was first revealed by the FTC in their 1983 study.

 NAEBA believes that, at a minimum, consumers should know what kind of agent they have and who specifically that agent is responsible to in the transaction.  The organization is supporting language that will bring transparency to the process by:

 “In keeping with ongoing efforts to provide consumers with the tools they need to avoid foreclosures, we urge Congress to establish a federal requirement for real estate agency disclosure in the home buying process.  Armed with the facts, the home buying public will be much better able to make informed and appropriate decisions – decisions that will impact their financial well-being for years,” stated Sullivan.  “We look forward to working with members of the U.S. House and Senate to help their constituents on this important issue.”

About NAEBA

The National Association of Exclusive Buyer Agents (NAEBA) is an organization of real estate professionals who have dedicated their business lives to representing only buyers of real estate.  To avoid conflicts, NAEBA members do not list homes for sale and never represent sellers.  This restriction to one side of the real estate transaction ensures that the interest of home buyers is protected in every step of the real estate transaction, from house-hunting and negotiation, to inspection, financing and closing.

NAEBA is pioneering a nationwide effort to give today’s home-buying consumers the level of service they deserve and are increasingly demanding. NAEBA members firmly believe that home buyers have the same full and equal representation rights as sellers in any real estate transaction.  NAEBA is comprised of over 450 Exclusive Buyers Agents across the country and has been in existence since 1995.

 More Information

 1-800-786-1570, www.naeba.org

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I hope Congress listens. I feel it is an excellent idea for consumers on both ends of real estate transactions to fully understand how agency works and how to best protect their interests. I wish I'd clearly understood myself when I bought my first four homes. Part of the reason I went to real estate school, became a Realtor (R) and EBA is because I want to make sure home buyers are protected when they make the most important purchase of theirs lives.

For more information check out my website: www.OregonExclusiveBuyersRealty.com

Posted by

            
       

Nannette Martin

Broker, Licensed in Oregon

ABR®, e-PRO®, GREEN, SFR®, FACS, REALTOR®

                     503-302-9212 CELL

                    503-371-5262 FAX

                    Mailto:purpleshoesrealestate@gmail.com

                    RE/MAX Integrity

                    2110 Mission St. SE

                    Salem, OR 97302

                  www.purpleshoesrealestate.com

                  Oregon Real Estate Agency Disclosure Pamphlet

Mike Jones
SUNSTREET MORTGAGE, LLC (BK-0907366, NMLS 145171) - Tucson, AZ
Mike Jones NMLS 223495

Nannette,

Congratulations on 8,000 points.  When I came to your blog and saw that beautiful even number, I almost didn't want to leave a comment, since it'll give you 5 more points and ruin that pretty number.

Oh well, 10,000 is right around the corner.  Blog on!

Mike in Tucson

Jun 17, 2009 06:09 PM