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house shopping Consider this, you are a Buyer and have seen an advertisement for a new development.You visit the site and meet with an employee of the developer to see the properties and discuss your options for purchasing a home. You are most likely also discussing your financial situation with them, and providing other personal information in the course of the conversation. 

Who's best interest do you think is represented in this situation? psst.... not the Buyer's.

The agent may represent the Buyer or the Seller, both, or neither. Make sure you receive a mandatory disclosure form from the agent so you fully understand how you are being represented when purchasing real property. Here is a brief description of the various types of agency representation available to you as a consumer:

Seller's Agent

Represents the Seller, and owes them undivided loyalty, confidentiality and accountability. The agent must put the Seller's interest first when negotiating for the best price and terms.

Buyer's Agent

Represents the Buyer, and he/she must obey your instructions and keep confidential anything you tell him/her that may affect your purchase of real property. The agent must put the Buyer's interest first when negotiating for the best prices and terms.

Disclosed Dual Agent

Works for BOTH the Buyer and the Seller and must provide written notice (disclosure) of the relationship. This agent owes both the Seller and Buyer a duty to deal with them fairly and honestly, but does not represent either party exclusively. The agent must remain neutral to any conflicting interest of either party.

Designated Agent

Represents either the Buyer or the Seller. The agent is appointed or designated by another agent or broker to represnt either the Buyer or Seller as a "designated" Buyer's or Seller's agent. The agent then must put the interest of their respective clients first when negotiating for the best price and terms.

Facilitator

The agent assists the Seller and Buyer in reaching an agreement but does not represent either party in the transaction. Unless otherwise agreed, the facilitator has no duty to keep information received from a Seller or Buyer confidential.

Your agent can provide much more detailed information on the various types of agency.

dollar sign Do you really think you are getting a better deal when you circumvent working with a Buyer's Agent and go direct to the Listing Agent to submit an offer to purchase real estate? 

You deserve FULL representation when negotiating a real estate transaction. Your best option is to have a Buyer's Agent working on your behalf when you are purchasing real estate and a Seller's Agent when you are selling.

Are you considering buying or selling real estate? Who does the agent represent in your real estate transaction?

 

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19 Comments on Who Does the Agent Represent in Your Real Estate Transaction?

OCT
20
2009
381,835 Points 19 Featured Posts Localism Sponsor Outside Blog

Very nice Judy. Easy to understand, clear points, and a topic that needs to be reiterated for the public.

8:21am • #1
595,059 Points 18 Featured Posts Localism Sponsor Outside Blog Called Shot Master

Judy,

This is a nice look at agency and why a buyer buying new construction should seek the help of a REALTOR.

8:21am • #2
680,088 Points 18 Featured Posts Localism Sponsor Attended Rain Camp Called Shot Master

Judy -- Nice post and a very important one.  I think too many buyers are unaware of their options and how real estate representation works. 

I think you also have designated agency in MA... This is very close to dual agency, with a new name... but the conflicts of interest are the same.

8:27am • #3
707,448 Points 36 Featured Posts Localism Sponsor Outside Blog Hit Router Attended Rain Camp Called Shot Master

Judy, the reverse can also be true, I have had my share of walk in customers become clients when they are given the option of representation. In fact its not all that uncommon to sell a property to a new client and hear from another broker saying they had worked with this "client" , only to find out they never signed a disclosure...So I guess you didn't wrap them up..did you?

8:46am • #4
662,713 Points 113 Featured Posts Localism Sponsor Outside Blog Called Shot Master

Judy, very good post. We can never stress this enough to people. They are often so confused about who represents whom, and what that all means in the transaction process. Very good!

10:19am • #5
269,807 Points 10 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Barb - It is so easy to forget to reiterate these points without feeling like a broken record. The average person does not buy and sell real estate on a regular basis and they do not hear this everyday.

Don - A Buyer is wise to work with a Buyer's Agent anytime they are purchasing real estate.

Joan - We do have designated agency in MA, and I should have included that in the description. Thank you.

Steve - I am surprised that at a minimum the mandatory disclosure form is not presented by the agent and signed by the Buyer or Seller. If an agent can not even take the time to provide and explain this form, which is required by law, what else might they miss during the course of the transaction?

Andrea - Thank you. It is extremely repetitive to us, but not to THEM.

11:19am • #6
202,016 Points 14 Featured Posts Attended Rain Camp Called Shot Master

One of the first things a Grievance Committee will look for in cases alleging procuring cause is if the mandatory licensee consumer relationship disclosure in Massachusetts has been provided at the first meeting between the customer and the real estate agent.  If you get the document signed at the second meeting,or when the offer is finally submitted, you are not in compliance and therefore the facts regarding procuring cause usually can't even be entertained.

4:57pm • #7
269,807 Points 10 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Martin - Thanks for stopping by with your input and that is very good information to remind all agents to comply with providing the mandatory disclosure form.

6:04pm • #8
OCT
22
2009
1,481,051 Points 275 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

Judy, a lot of people don't even think about agency or representation when they are at new home developments.  They should!

8:29pm • #9
OCT
23
2009
269,807 Points 10 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Pat - Yes they should. Just because it is new construction does not mean a Buyer's Agent can not negotiate on the Buyer's behalf for the best terms and price. Not to mention watching out for their best interest throughout the entire transaction.

4:44pm • #10
OCT
24
2009
310,174 Points 10 Featured Posts Localism Sponsor Outside Blog Hit Router

Judy --- good definitions on the types of agency --- funny, because I am in the middle of writing a continuing ed course on agency.



                                                                               Mama  Liz

1:32pm • #11
269,807 Points 10 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Liz - I need not tell you to teach your students well. I know they are in very good hands if you are teaching the course.

5:54pm • #12
OCT
30
2009
381,383 Points Attended Rain Camp Called Shot Master

Great point on buyer representation - short and clear definitions.

7:51pm • #13
OCT
31
2009
269,807 Points 10 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Lee & Carol - People need to know. Sometimes they just assume. Thanks for your comment.

12:14pm • #14
JAN
19
2010
170,742 Points 2 Featured Posts Outside Blog Called Shot Master

Hi Judy, I came here via a link in one of your blogs. You've clearly explained where the agent's loyalties are in this post of yours!

8:29am • #15
269,807 Points 10 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Cynthia - Gotta love those links! Thanks for following and the comment. ;-)

10:03am • #16
JAN
20
2010
170,742 Points 2 Featured Posts Outside Blog Called Shot Master

Judy your explanation came in handy last night as a friend of mine back home was wondering about a dual agent!

10:10am • #17
269,807 Points 10 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Cynthia - You are making my day! Dual agency can be a very tricky area and both the buyer and seller is giving up some of their representation when agreeing to dual agency. Agency law can vary slightly by state, so make sure your friend checks out agency laws that are specific to their state. Thanks again.

10:50am • #19

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Judy Jennings - The Green Company at The Pinehills, Plymouth MA

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