Buyer's Agent or Listing Agent | Know Your Job | Do It Properly

In NYC- it is the responsiblity of the buyer's attorney, not the buyer's agent to verify all facts. This is because buyers are buying apartments - whether it's a condo or co-op, and the facts will come from the offering plan, meeting minutes and managing agent- all of which come after an offer has been accepted and are reviewed by the attorney. As a buyer's agent - I have to be careful not to provide legal advice since I am not an attorney. I do work to uncover as much as I can for my buyers as possible- though advise them that the attorney will verify during the due diligence phase, and I will communicate with the attorney to let them know what I know.

Know your job and know how to do it properly says it all Barbara. I think we've all been in situations where the other agent was clueless!

Good morning Barbara Todaro ,

Once again you make it clear..Know your job and how to do it! Each state may be different but in Texas if you are acting as a buyer's agent then verify..verify..verify!! It's your job. Congrats  on a well deserved feature!

Very good point Barbara, if you are a professional act like one and go above and beyond what others are expecting.

Hi Barbara, 

Congrats on your feature Barbara!  I specialize in both buyers and sellers and understand what it takes on both ends of the transaction. This keeps me sharp and well aware of what should be happening on the other side. 

I am a buyers agent and listing agent. I find it is always better to bring clients together in a buyers or sellers market.

Barbara, you have laid out a most important bit of advice for agents.

Doing your job well means doing what it takes to provide the service to the consumer so that they are provided the most accurate information necessary.

I love your concluding remark as it is a great summary: Each transaction is as good as the agents who are parties to that transaction.  First and foremost, know your job.  Secondly, learn to do it properly.

Barbara Todaro 
Read your post and now will go to see the Q&A where you began.
All the best - Lynn

Margaret Goss mentioned a critical point ~ how can you sell in an area you are unfamiliar with? If you aren't familiar with the market area, I don't see how you can protect the interests of the buyer. Trust, but verify!

Dear Barbara,

That is why it is so nice to work with other professionals. When you verify their info, it is usually right on.

The timing of your post is so interesting! Our office just closed on a transaction, as listing agents, where the buyer's agent didn't take the time to verify a particular piece of information. Unfortunately, we had made an error regarding that information and she relied on that. The deal was recorded but the buyer agent never took responsibility and never understood why she should bear some of the responsibility at all. 

Both sides fo the transaction MUST complete their own due diligence to their client! Mistakes happen every day.

Uneducated agents are very common these days. Find it one of the most frustrating parts of our business which is why we end of doing the work for them and getting paid half. Working on finding a remedy to this plague. 

Interesting post. My mentor had taught me to guide the buyer in verification. For example, she would say "Melissa, if you make a call or send an email to verify some fact, and you are provided bad information that you relay to the buyer, you are liable if that information is incorrect. Always provide the proper resource(s) to your buyer so they can be the ones who do the contacting for verification". 

This reminds me of a transaction I am currently working. I am representing the seller, and the buyers' agent has never once stepped inside  the house he 'sold'. He has his minions take the buyers to tour the home and conduct inspections. To me this is not truly representing the buyer.

Agents definitely have a responsibility to disclose any information that they are aware of to their client, especially if it affects the value of the property and is not readily observable (per Florida law). If something didn't seem right, I would certainly do further research if possible and pass it on to my client. But it is not my responsibility to check everything the seller's agent tells me. That agent has a responsibility to act in a professional manor. If they don't, then that's their liability, not mine. My job is to share that information and advise my client appropriately. 

Very well said, Barbara Todaro.

Unfortunately, at times, the listing agent or the seller intentionally hide some material defects or something which may never get revealed. That's where the challenge lies for buyer's agent - to explore the facts!

Wish everyone does his/her job diligently.

From the various comments, it's apparent that different states require different levels of representation and advocation.  One question I have is, in states where verification is the responsibility of the attorney, what would a buyer's agent do when the attorney misses something really big and blames the buyer's agent for failing to advise him/her of the situation?  I wonder if  the  "It's not my job" defense would hold up in court.