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Why a Residential Buyer Representation Agreement?

By
Real Estate Agent with 101 Main St. Realty 518539

 

Why do you require a Residential Buyer's Representation Agreement to be signed before you show me property?

 

Unfortunately, a few bad apples spoil it for the whole bunch. Both buyers and agents have been burned by each other. Residential Buyer Representation Agreement (RBRA)  spells out the expectations for both the buyer and the agent. Basically, what it boils down to is LOYALTY. 

Here's just three of MANY things that frequently happen to real estate agents selling Waterfront Homes For Sale on Lake Livingston.

 

  1. For Your Protection and Mine - Get a RBRA SignedBuyer from Houston calls about waterfront homes. They are not working with anyone and want to look for lake front homes. We take them all over the lake (which is located in FOUR counties). Spend much time, effort, GAS, etc. and then they go back to Houston and write it with their cousin who is a part time agent and unfamiliar with the Lake Livingston area. All that work for ZERO compensation. Ouch.
  2. Buyer calls about a gated subdivision. We meet with them and show them property in the subdivision. They go and purchase property from a FSBO that had property listed on Craig's List. They just wanted through the gate to check out the subdivision. They never had any intention of purchasing property from us. Again -- Mucho work - Compensation, NADA!
  3. Agent has been showing buyer for the past three weekends each county on Lake Livingston. They only have 1 county left to cover. Agents family member dies and they have to attend a funeral that Saturday, so they move the appointment to Sunday. Buyer decides to just DRIVE AROUND that Saturday just for fun. Buyer see's something they like, calls the listing agent who tells them that they are getting a contract on the house from another agent TODAY -- so if they want to see it and make an offer on it, they have to do it RIGHT THEN. They do. The agent in mourning for their family member is now  also in mourning over the loss of their buyer.  Once More -- A crazy amount of work for ZILCH!

 

Here are just two of MANY things that frequently happen to buyers who do not have a buyer's reprensation agreement.

 

  1. Buyers are shown only the properties that that particular agent wants to show them, not necessairly the ones that best suit the buyer's needs.
  2. Buyers tell the agent information about themselves that should not be disclosed, and that information is passed on to the seller.

 

Buyer Reprensation Agreements spell out that the agent MUST put the needs of their buyer first. This means they must show them ALL homes that suit their buyer's needs. This includes any For Sale By Owner (FSBO)  that the agent may know about.

 

The RBRA covers the amount of commission that the BUYER will pay THEIR AGENT if the seller has not agreed in their listing to compensate the selling agent. For MOST properties that you see on MLS the seller and their agent have agreed to compensate the listing agent. A FSBO may or may not agree to pay commission. This part protects the agent from buyers who may otherwise be tempted to be disloyal to their agent.

 

I have had buyers specifically ask NOT to see FSBO properties because they did not want to have to pay a commission. I noted this in the RBRA  so that it was clear that I was instructed not to show the buyer any FSBO properties.

 

 

As far as confidential information is concerned, if you are looking with an agent that shows you one of their company listings and you DO NOT have a RBRA signed, they are REQUIRED to pass on your confidential information on to that seller. If you have a RBRA signed, they are not allowed to. 

 

Many buyers mistakingly think, HEY, I KNOW. I'm not going to share any confidential information! Then they tell the agent what they do for a living, why they are looking for a home, how soon they have to move, how much the LOVE the property, etc. You wouldn't believe how the most innocent thing can be used against you in negotiation. IE: We've been looking at waterfront homes over the winter and we KNOW this one is the most beautiful one, even OUTSIDE of its price range. (Why thank you!!)

 

If you are serious about buyng propery on Lake Livigston, there is no reason you wouldn't hire someone who knows the area, understands your needs, and is looking out for your best interest. Just caling around and talking to anyone that answers the phone is NOT in your best interest.

 

I'm Joni Staples, and I invite you to my office to go over the Buyer's Representation Agreement in detail. You can interview me, to make sure that you are comfortable with my knowledge of Lake Livingston. Then we can both sign the RBRA, get you pre-approved, and get to work finding that PERFECT Lake Livingston Waterfront Home FOR YOU! Regardless of WHO has it listed! Call me at (936) 650-9017, and let's get started TODAY!

 

 

Why do you require a Residential Buyer's Reprensentation Agreement to be signed before you show me property?

 

 

 

 

Comments (29)

Eve Alexander
Buyers Broker of Florida - Tampa, FL
Exclusively Representing ONLY Tampa Home Buyers

Agents need to not just jump at the chance to start the car...start asking questions first. 

 

...and if the answer does not fit, ask the same question in a different manner.  If it does not feel right, skip your opportunity to "be used".

 

I really get what you are saying...I have been there, done that...then I got selective.

Eve in Orlando

 

Mar 30, 2013 09:27 AM
Lynn B. Friedman CRS Atlanta, GA 404-617-6375
Atlanta Homes ODAT Realty - Love our Great City - Love our Clients! Buckhead - Midtown - Westside - Atlanta, GA
Concierge Service for Our Atlanta Sellers & Buyers

Dear Joni -

Great job of detailing the business reason why we ask for what is called a "BUYER BROKERAGE AGREEMENT" in Georgia. The other reason in Georgia, is a legal reason. A Brokerage is required by the O.C.G.A.* to enter into a written agreement before representing a Buyer. I have written one post about this situation and intend to write another - including the link to this EXCELLENT post.

Have a happy day -
Lynn

 *Official Code of Georgia Annotated Section 10-6A-1 et. seq.

Mar 30, 2013 09:52 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Joni it is a tough pill to swallow when you do all the work and the client ends up going to someone else.  I had it happen to me this week.  It does not feel good at all.

Mar 30, 2013 10:50 AM
Iris Stuart
none - Santa Rosa, CA

Joni, you've done a really great job of spelling out the use of this document for buyers.  It's straightforward and clear.  Nice job!

Mar 30, 2013 12:09 PM
Joan Whitebook
BHG The Masiello Group - Nashua, NH
Consumer Focused Real Estate Services

We have created a very bad situation when we run and show property without insisting on a buyer representation agreement.  If eveyone did this, then it would not be so difficult.  I can't say that I know any sellers that are reluctant to sign a listing agreement, so why doesn't this apply when we are working with buyers?  You thoughts?

Mar 30, 2013 12:17 PM
Tammie White, Broker
Franklin Homes Realty LLC - Franklin, TN
Franklin TN Homes for Sale

Joni, I don't take buyers out anymore without a signed buyer's agreement. I only have so many hours in a day and I refuse to waste my time with buyers who aren't willing to commit to me.

Mar 30, 2013 12:19 PM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

This is going to be book-marked and when I want to explain why the Buyer Rep Agreement is important I'll be able to refe to this post.  It's the same reasons I explain as well.  Good post.

Mar 30, 2013 12:19 PM
Robert Bob Gilbert
Berkshire Hathaway HomeServices Anderson Properties - Katy, TX
Your Katy TX ( West of Houston) Real Estate Expert

Joni,

Congrats on the featured post and you make many excellent points. Buyers who some how think they will get a better deal without agent are so completely misinformed. 

Mar 30, 2013 12:39 PM
Joni Bailey
101 Main St. Realty - Huntsville, TX
Your Huntsville / Lake Livingston Area REALTOR®

Wika: Exactly!!

Charita: I have had them disappear, as well!

Cory: You are right. This is for everyones protection.

Paula: Amen!

Eve: This comes from learning the hard way! :(

Lynn: Thank you so very much!

Erica: That is what they call them at one of our local agencies. LOL!

George: It can make a grown man want to cry! ;)

Thank you, Iris!

Joan: Back to a few bad apples who spoil it for the rest of us. My guess is they are worried about being stuck with a dead beat agent -- OR they already have an agent.

Tammie: Good for you! 

Carla: Thank you!

Bob: Yes they are!!

 

Mar 30, 2013 01:16 PM
Rose King
David Tracy Real Estate - Friendswood, TX
Friendswood / Pearland / Houston Bay Area

Joni, you have done a great job of explaining why loyalty is so important in a real estate transaction. Some buyers just don't get it. Well done, my friend!

Mar 30, 2013 01:29 PM
Yolanda Cordova-Gilbert
Richmond, TX

Joni,

 Congrats on the feature and BTW some of these sound like Bob's stories! People I just do not get them; why should you do the work so someone else gets the $$$! Happy Easter

Mar 30, 2013 02:15 PM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M
Joni - This is such a well thought out and well reasoned explanation of why buyers' agreements are important.
Mar 30, 2013 03:10 PM
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

Joni, well deserved feature. Believe it or not, we all have been through this experience at least once - and learned from our mistakes! For me, there is an EXIT door for buyers who desire to work with many agents or any other agent for that matter!

Mar 30, 2013 03:43 PM
Kristin Hamilton CA REALTOR
Berkshire Hathaway California Realty - Beaumont, CA
(909) 557-6966- Specialize 55+ Communties Banning

Hi Joni,

I think all of us have had that happen to us. Recently I worked with a girl to find her a condo. Then her dad wanted to see the home she really liked. He got mad as I told him what the bank said and  how much they had to have and had already canceled another escrow. The dad got mad and they lost the home and it sold for more than I told them so he was not that serious and since there has been nothing on the market. I always work hard for my clients but if they are not ready to step up to the plate, see ya later. I felt bad as I have never had a buyer walk away before and buyers and sellers usually see how hard working and honorable I am to my clients. Can't win them all!

Mar 30, 2013 04:54 PM
Teral McDowell
Referral Patners LLC - Murphy, TX

All excellent reasons to have a RBRA in place prior to showing houses. Odd how many people still think we are compensated same as employees.

Mar 30, 2013 11:12 PM
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Happy Easter Joni!

Mar 30, 2013 11:14 PM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Joni, I wanted to come over to wish you special Happy Easter, and enjoy this blessed Holiday with your family!

Mar 31, 2013 03:48 AM
Joni Bailey
101 Main St. Realty - Huntsville, TX
Your Huntsville / Lake Livingston Area REALTOR®

Thank you, sweet TEXAS Rose!! Happy Easter to you too!!

Yolanda: I do not think most people think of it that way. Hopefully this will open some eyes. :(

Thank you, Christine!

Praful: Yes. We all learn the hard way. Sometimes more than once. HA!

Kristin: it happens to hard working loyal agents all the time. 

Teral: You are right. Many assume that it is just a part of the job.

Happy Easter to you, too, Bob!!

Joan: Thank you so very much! Happy Easter to you too!

Mar 31, 2013 07:21 AM
Lori Williams
Lake Wylie, Charlotte, Gastonia Homes for Sale ABR, CDPE, SFR, ASP, Lori@LoriWilliamsRealty.com - Gastonia, NC
Lake Wylie, Gastonia, SW Charlotte, Homes for Sale
I just recently had this happen. Showed a client many houses , even in the pouring rain on my way out of town for the holiday only to get a one line letter saying "we regret to inform you we have decided to go with a other agent". What??? I'm still scratching my head over what went wrong.
Mar 31, 2013 07:33 PM
Brian Park
Park Realty Investments - Murray, UT

I don't know who is trustworthy and who is going to use and abuse by looking at them or listening to them. And that is what I tell my buyer prospects, so if you are a honorable person Mr. Buyer you will back up your word with your signature, are you honorable? They users I avoid far outweigh the very few honorable buyers I lose due to my policy. I can't tell you the number of times I rejected a buyer only to hear another sob story from some agent how the the ones I told to get lost used them, and I can't help but smile much to the consternation of the wronged agent.

Apr 04, 2013 08:56 AM