I just saw a blog that disturbed me re buyer representation. I am going to paraphrase here because I don’t want to use a direct quote for the whole thing:

It mentioned that there is a state law that an agent can only show a property if:

1.      There is an Exclusive Right to Represent agreement or

2.      Has the seller’s approval to show the property

What this implies is that the agent needs to get the sellers approval to show the property. Ok, I buy that, the agent has to set up a showing with the listing agent. You always need to do that.

BUT YOU DO NOT GET APPROVAL BY THE SELLER TO SHOW IT TO A SPECIFIC BUYER THAT YOU HAVE A SIGNED AGREEMENT WITH.

The blog also mentions that once you have a signed buyer representation agreement, the agent can show that buyer ALL PROPERTIES THAT ARE LISTED BY ANY BROKER.

No, the agent ALREADY CAN show all properties if he/she is part of the MLS. No buyer representation agreement is necessary.

AT LEAST IN CALIFORNIA!!!!!

Although I would like you to sign a Buyer's Representation Agreement if it looks like I will be spending a lot of time with you, Mr. and Mrs. Buyer, I don't insist on it. If I am persuaded that you are in the market to purchase a property, I can show you any property that is in the MLS, and, by making a few phone calls, probably some that are not (especially Commercial and Income Properties). I am a real estate broker licensed in the State of California and I will help you with your real estate purchase without making you sign a contract that you might not be comfortable with.

I specialize in oceanfront and oceanview property in California and Hawaii.  

_________________________________________________________________

Hella Mitschke Rothwell

Broker Owner/Realtor®

Licensed in California #01772851 & Hawaii #RB-21268

Tel. 831-626-4000 

Fax 1-877-822-9332

Mailing Address: P.O. Box 2144, Crescent City, CA 95531

California: 1301-B Northcrest Drive. #54, Crescent City, CA 95531

Hawaii: 1128 Ala Napunani Street, #1809, Honolulu, HI 96818

Email: Hella@95531.com

 www.hellarothwell.com  for Del Norte County, CA

www.93921.com for Carmel-by-the-Sea, CA

 

 

 

 

Disclaimer: Hella Rothwell does not guarantee nor is in any way responsible for the accuracy of the information provided herein, and provides said information without warranties of any kind, either expressed or implied.

 

3 Comments on Confusion about Buyer Representation Agreements

SEP
25
2011
761,637 Points 61 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Each state and agent has their own guidelines regarding these agreements.  I always believe it is best to develop a good relationship with the person before approaching this subject.  Trust must be established first.  Some brokerages however require these to be completed before they will pay the commission.
10:42pm • #1
391,267 Points 27 Featured Posts Outside Blog Called Shot Master

Paula: I agree with what you say. What floored me was that the rule was attributed to "state law".
10:51pm • #2
SEP
27
2011
715,935 Points 69 Featured Posts Localism Sponsor Outside Blog Called Shot Master

Hella - I'm assuming this other agent was also a California agent.  In Connecticut we can't show other brokers' listings without buyer agency representation, although it doesn't have to be "exclusive." 
8:12pm • #3


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Hella Rothwell 831-626-4000 CA & HI Broker/Owner/Realtor®

Carmel by the Sea, CA

More about me…

Calif. #01772851 & Hawaii #RB-21268

Address: Mailing:, P.O. Box 2144, Crescent City, CA, 95531

Cell Phone: (831) 626-4000

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