Below is some very important information. Some people could think it a little boring, so I will include a few favorite photos to make up for it:-)
Kidding!
No RElation
Please familiarize yourself with this form so that you understand the differences between Client and Customer--before you talk with an agent. Small Talk is okay without being introduced to this form. You should expect this form to be presented to you at an actual showing of a property, or if you go beyond small talk with a buyer agent.
Why do I keep harping on this? Let's take a hypothetical, though common experience. Let's say I had another showing today in which the "Customer" was surprised I presented him with the form. He and his wife had bought and sold property several times and not seen the form. Customer, "Well, how come I've never seen this form before?" (Like, what am I trying to pull?)
Me, "Well, regardless, it is state law to present this form and here it is... I can lose my license or be disciplined if I don't present you with this form." Him, "Well, that would only happen if I told. I won't tell."
(The Mississippi Disciplinary actions rolled around in my mind. I bet not a single agent thought the person they did not give the form to would tell... Well, the formless person doesn't actually have to tell--there just needs to be reason for the commission to be looking into a case and not find the form.)
I allowed them time to read it and ask questions. Then to be totally clear--"I don't mean to insult your intelligence, but I listed the property, the seller is my client. Comprende?" Buyer prospect rolls eyes. Then I hand them pens. "I'm not ready to sign anything..." "This is NOT a contract. It is merely acknowledging that I presented you with this disclosure and that you understand the content. Do you need more time to read the disclosure? Do you want to take the form with you? We can always schedule your showing for another time.
If you won't sign it then I have to write a statement that you won't sign the statement, then I have to write your name, sign and date it. "
Wife says, "See, honey it says that at the top."
Ok. Now he will sign. He says, "I'm not your client. I sign where it says customer?"
Now, there could be valid reasons he had never seen the WWaREB form. Here are a few:
4. DISCLOSURE EXCEPTION:
A licensee shall not be required to comply with the provisions of
Section 3, when engaged in transactions with any corporation, nonprofit
corporation, professional corporation, professional
association, limited liability company, partnership, real estate
investment trust, business trust, charitable trust, family trust, or
any governmental entity in transactions involving real estate.
Operating under this exception in no way circumvents the common law
of agency. (courtesy of Mississippi REal Estate Commission)
So, if an agent doesn't present you with the "Working With a Real Estate Broker" in Mississippi--that must mean they know that you are in the category outlined above.
Now, I know that was not a lot of fun. Be sure and discuss "Working With a Real Estate Broker" with your agent, or an attorney (most of us do not have a license to practice law, so we cannot interpret the form for you.) The form is actually self explanatory, which is why I advise you read it before talking with an agent. Things tend to move along a lot quicker if you, the potential buyer or seller is already familiar with a few forms.
Now--when a compliant agent presents you with this form, you will say... ("I expected that form")
Remember to keep your eyes on the pot of gold at the end of the rainbow.
Yours Truly, MS Real Estate Broker
Thank you for the advice and encouragement. It sometimes gets a little overwhelming and discouraging, going through this process, but your advice to keep a positive attitude definitely helps.
http://www.remax-mississippi.com/mississippi-real-estate.aspx