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Does Your Real Estate Agent Represent You?

By
Real Estate Agent with Bedard Realty MA:9044461 RI: 0029015

 

When you walk into an open house and see the home you want to buy, before you start working with the seller's agent, you need to understand who that agent is working for. Many buyers do not understand that the seller's agent has a fiduciary duty or a duty of loyalty to the homeowner. While agency laws differ from state to state they have the same general principles:

 

Typically an agent represents either the buyer or the seller. However, in some cases an agent will assume the role of a dual agent (representing both the seller and the buyer).

 

Make sure to check the agency laws specific to your state, but in general agents fall into these categories:

 

·         Seller's Agent: A seller's agent works for the real estate company that lists and markets the property for the seller, exclusively representing the interest of the seller.

 

 

·         Buyer's Agent: Some states may have written agreements regarding buyer agency. A buyer agent assists the buyer in evaluating properties, preparing offers, and negotiating in the best interest of the buyer.

 

 

·         Facilitator or non-agent:  A facilitator is an agent who assists the seller and buyer in reaching an agreement but does not represent either the seller or buyer in the transaction. The facilitator and the broker with whom the facilitator is affiliated owe the seller and buyer a duty to present each property honestly and accurately by disclosing known material defects about the property and owe a duty to account for funds.

 

 

 

·         Dual Agency: Dual agency occurs when the buyer's agent and the seller's agent are the same person or company (depending on state law). Dual agents do not act exclusively in the interests of either the seller or buyer. Dual agents cannot offer undivided loyalty to either party. A conflict of interest can arise because the interests of the seller and buyer may be different or adverse. A buyer and seller must agree to dual agency.

 

Always ask your real estate agent about the agency laws in your state. Many states ,such as Massachusetts, require buyers and sellers to sign a disclosure form at the first meeting between the agent and potential client.

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Posted by
Jim Sinnott
Realtor
Graduate of Real Estate Institute,GRI

Bedard Realty
500 East Washington Street
North Attleboro, MA02760
cell: 508-944-1274
office 508-699-5588
 
 
 
 
 
 
 
 
 Licensed in MA and RI
 
"Get the Service You Deserve."
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Hello Jim,  Great way of explaining this, most people do not understand but it is our duty to let them know.

Nov 03, 2014 12:54 AM
Michele Connors
The Overton Group, LLC Pitt & Carteret County - Greenville, NC
Your Eastern North Carolina Realtor

Buyer clearly should know the differences but I often find sellers listen more intently about this topic than buyers.

Nov 03, 2014 01:03 AM
Jim Sinnott
Bedard Realty - North Attleboro, MA
Realtor, GRI Licensed in MA and RI

Thanks for reading and the comments. Buyer agency is actually a fairly new concept in Massachusetts, it took a long time for it to take hold.

 

Nov 03, 2014 03:51 AM