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Define: Exclusive Buyer's Agent

By
Real Estate Broker/Owner 8639604

 

I just read a web page put up by Boise Land and Homes.

 

It contains the statement: 

Can an agent be both an exclusive buyer's agent and an exclusive seller's agent?  Yes but not with two buyers and sellers on the same transaction.  They can only exclusively represent ONE.  They can be a limited dual agent."

 

No they can't.  The term Exclusive Buyer's Agent refers to an agent that works for a company that exclusively works for buyers and represents NO sellers - at all.

 

Paul Howard, Broker

NJHomeBuyer.com Realty

Cherry Hill NJ 08002

856-488-8444

 

Member: Naeba - national association of exclusive buyer agents.

Posted by

 

Paul Howard, Broker

NJHomeBuyer.com Realty

80 Barclay Center Suite 4A

Cherry Hill NJ 08034

856-488-8444

Comments (9)

Edward & Celia Maddox
The Celtic Connection Realty - Queen Creek, AZ
EXPERIENCE & INTEGRITY - WE TAKE THE HIGH ROAD

Thanks for the information.  We learn a lot of good information for ourselves and clients from Active Rain.  Best Regards,

Jan 20, 2010 12:09 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

HERE, HERE!!!

A voice in the winderness of "dual agency by any name used to disguise the action of collecting the buyer and seller side of the commission".

Most so called "limited dual" or "disclosed dual" is, in reality, UNDISCLOSED DUAL AGENCY WHICH IS FRAUD.

I don't care what the agent says, the buyer OR seller with whom they are working will believe that that agent is THEIR agent.

Fact is, most agents don't understand the meaning of the word "represent".  They use it interchangeably with "working with". 

Sadly, few are willing to work with customers, the safe way of collecting both sides.  But, once they give agency level assistance, they have slipped into the mud of "undisclosed dual dude or dudette" and that is FRAUD.

 

Jan 20, 2010 12:12 AM
Heather the Realtor Orlando, Lake Mary
LemonTree Realty - Orlando, FL
First Time Home Buyers, Bank Owned Homes

Florida has what's know as transactional brokers all we are are middle men and have no fiduciary duty to either side and limited representation thats why for us its important to call our customers taht and not clients which that term in itself implies fiduciary duty.

Jan 20, 2010 12:16 AM
Paul Howard
Cherry Hill, NJ
Paul Howard Realty, 856-488-8444

 

Edward and Celia  -- Active Rain sure shows the full spectrum. It provides a lot of insight.

Lenn - We can hope for change with more understanding - Maybe the new HUD booklet recommending that buyers consider an exclusive buyer's agent (a real one) will help.

Heather: From what I know of Florida law the default is transaction brokerage - but it does not prohibit entering into a fiduciary relationship.

There are a number of Exclusive Buyer Broker offices in Florida. Fl "exclusive buyer agent" 

 

 

Jan 20, 2010 12:59 AM
Jon Boyd
Home Buyer's Agent of Ann Arbor - Ann Arbor, MI
Ann Arbor Real Estate Buyers Agent

Good catch Paul.

There should be no question about the use of the term "exclusive buyer agency". It is a company who only works for buyers. They never take listings and never work for sellers.

The challenge I have is trying to determine if people mis-use the term because they are trying to cheat/mis-lead buyers or if they mis-use the term because they really don't know the meaning. Our state association attorney mis-uses it all the time, but they are really sloppy on a lot of the agency related documents so it may just be incompetence.

Maybe I should contact them again and ask them again to get it straight?

 

 

Jan 20, 2010 02:57 AM
Paul Howard
Cherry Hill, NJ
Paul Howard Realty, 856-488-8444

 

The document I have seen clearly show that NAR defines Exclusive Buyer's Agent the same way NAEBA does. The company takes no listings and never represents sellers. The material in the ABR (Accredited Buyer Agent) course says the same thing.

 

As to NAR's 'limitations' - those that control NAR have no interest in regulating this because it is to their advantage to increase the confusion surrounding it not decrease it.

 

 

Jan 22, 2010 11:35 PM
John Waugh
True North Realtors NY : Exclusive Buyer Agency - Canandaigua, NY
 

I appreciate your post and your diligence in making the differentiation .  Here in NY, we are still working to create a new normal with the term "Exclusive Buyer Agent."  We have found that most people have no idea they even have the option of hiring someone who never takes listings, so it makes sense that some agents/agencies are attempting to co-op the phrase to their advantage.  I will be reblogging.  Thank you.

Feb 19, 2010 03:44 AM
Paul Howard
Cherry Hill, NJ
Paul Howard Realty, 856-488-8444

Reblogging is good.  Hopefully if it gets out there enough times the misuse will stop and consumers will understand.  HUD's new settlement cost booklet telling consumers to consider an exclusive buyer's agent should help too.

 

Feb 19, 2010 04:19 AM
John Waugh
True North Realtors NY : Exclusive Buyer Agency - Canandaigua, NY

To be completely frank, Paul, the reception for what we do is mixed.  I believe there are agents who are very open to the idea of EBA's but unfortunately, I can tell you from experience, many agents/agencies are not fond of the notion that there are potential conflicts of interest in their practices.  In fact, we have been viewed as a threat to even the giant agencies in our area.  The HUD booklet is an important breakthrough and yesterday's article in US News & World Report http://www.usnews.com/money/personal-finance/real-estate/articles/2010/02/18/10-rookie-home-buyer-mistakes-to-avoid.html?PageNr=2 is just another nod to EBA's as our visibility increases.

Feb 19, 2010 06:26 AM