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Should you use a buyer's agent when you are purchasing from a builder?

By
Real Estate Agent with John L. Scott Sandy

There are a growing number of large volume builders that have in-house real estate agents.  These agents represent the builder and the builder's best interests.  If you end up using the in-house agent that represents the builder, in most cases you are actually an unrepresented seller.

Who will represent you?  

In the State of Oregon you can have a buyer's agent.  Having a buyer's agent is the best way to insure that your interests are being looked after.  A good buyer's agent will help you understand the buying process and keep you informed so that you can make educated decisions during your home buying experience. 

Having your own agent gives you an advantage.  Your own agent knows the process, can let you know what to expect, and can help you have a smoother buying experience.  In most cases, the builder will pay for you to have this representation. 

Here is a short list of some of the affirmative duties agents owe their client:

  • To be loyal to their client by not taking action that is adverse or detrimental to the client's interest in a transaction
  • To advise the client to seek expert advice on matters related to the transactions that are beyond the agent's expertise
  • To maintain confidential information from or about the client except under subpoena or court order, even after termination of the agency relationship
  • To exercise reasonable care and diligence;
  • To deal honestly and in good faith;

As you can see, there is a lot of "gray" areas here if one agent represents both the buyer and the seller.  Yes, dual agency can work. The question is, will it work for you?

 Follow this link to learn more about the Oregon Agency Disclosure laws.

 

 

 

Don Rich
West USA Realty - Peoria, AZ

Hi Valerie,

     The answer to your question is yes.  The builder's agent will act and tell you that they are there for you.  We all know this is just not true.  They are no different than a car salesperson (I hope that does not offend anyone, just the only analogy I could think of at this late hour).  They represent the builder and at best the buyer is the customer.  An agent can make life a whole lot easier on the buyer especially if things don't go well.  Great topic.

Feb 20, 2007 05:13 PM
Stephen Luckett
ExecuHome Realty-LuckNet Real Estate Group - Dundalk Sparrows Point, MD
I am a firm believer that EVERYONE should have personal professional representation.  I won't even handle both sides of a transaction-I will refer the buyer to another agent to insure they have personal representation.
Feb 20, 2007 11:10 PM
Bob Sloop, Consultant, Indianapolis, IN
RS Mortgage Consulting - Indianapolis, IN
On the lending side I feel the sale moves smoother with professionals on both sides.  Absolutely.  I hope you have some input from builders here too.
Feb 20, 2007 11:38 PM
Thesa Chambers
West + Main - Bend, OR
Principal Broker - Licensed in Oregon
Everyone an agent and home inspections even on new construction... the stories we can tell.
Feb 21, 2007 11:28 AM
Dave Pautsch
RE/MAX Integrity - Albany, OR
REALTOR, CRS

I'd like to add a comment from from a slightly different perspective.

I work for a local real estate firm that is the exclusive marketing for a builder.  My Principal Broker (and the owner) is the brother of the builder (and a principal in the business as well).  I, on the other hand am an independent REALTOR but I do have the opportunity to work at the neighborhood and effectively sit the daily Open Houses.  This rotates among the 6 agents in the office.

When I help someone get involved with one of these homes, I would be ONLY the buyer's agent.  Yes, my PB would be a disclosed limited agent of both buyer and seller...but my client would be fully represented by me.

I point this out as (1) it IS different than many of other builders in the area and (2) just to let everyone know that there are different models out there.

Thanks for letting me add my 2 cents!

Dave

Mar 04, 2007 07:23 AM