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Do you advertise as a 'Buyer's Agent'? Are you misleading consumers?

By
Real Estate Broker/Owner 8639604

I see it every day in advertising across the country.  Agents advertise their expertise as buyer agents.  They tell how great their services are.  They tell how great the services of their 'team of buyer agents' is.

They work across the country for large franchise companies and small independents.

Much of the time when they advertise their services they are dishonest and are violating the ethical standards of the National Association of Realtors.  Specifically,  Article 12 of the Standards of Practice, are often violated. Article 12 says:  REALTORS® shall be honest and truthful in their real estate communications and shall present a true picture in their advertising, marketing, and other representations. 

When agents advertise their services as buyer agents, they violate that provision when they fail to disclose, in the advertising, the potential for dual agency that exists if their firm also represents sellers.  That disclosure is a requirement of 'honest and truthful...communications...". It is required in order to present a 'true picture'. 

Some Realtors carry the misrepresentation to an extreme by using web domain names with the term buyer agent, buyers1st, etc in the domain name.  Most consumers seeing that are going to believe that the agent will definitely work with them as a buyer agent.  Often,  even when one goes to the website is it not disclosed or not clearly disclosed that the agent also works for sellers and that there is at least the potential for dual agency.  This is a clear violation of Standard of Practice 12:10 which states in pertinent part:  "REALTORS®’ obligation to present a true picture in their advertising and representations to the public includes the URLs and domain names they use...."

There are more and more real estate companies across the country that avoid the dual agency problem and so can truely and honestly advertise themselves as buyer agents.  These companies NEVER represent sellers so the potential for dual agency does not exist.

If you are a consumer, looking for a buyer agent in your area, you may find an EXCLUSIVE BUYER AGENT (EBA) at:   naeba.org.  Members of NAEBA (the National Association of Exclusive Buyer Agents) have taken a pledge to exclusively represent buyers - and never sellers - and work for companies that maintain that as the core of their  business model.

Paul Howard, Broker

NJHomeBuyer.com Realty (member of NAEBA)

Cherry Hill NJ 08002

856-488-8444

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Paul Howard, Broker

NJHomeBuyer.com Realty

80 Barclay Center Suite 4A

Cherry Hill NJ 08034

856-488-8444

Sylvie Conde
Sutton Group-Associates Realty Inc., Brokerage - Toronto, ON
Broker, Toronto Real Estate

I personally don't advertise my services as such, but I do see it done all the time.

Fortunately for us, the 'dual agency' scenario has changed slightly over the last little while.
We no longer have to put ourselves in multiple representation (used to be called dual); unless we have a signed Buyer Representation Agreement with the Buyer.  We now can give the buyers the choice of being clients or customers.  Without a buyer representation contract with the buyer, we are not in 'dual' agency (although we still have to sign a customer service agreement with them).

Whatever the case may be, I make it a priority to inform the buyer (whether client or customer), of all the possible scenarios.  I also tell them immediately which listings may belong to the company I'm with, and if they don't feel comfortable working with me under those circumstances, then I will refer them to someone else.

Feb 27, 2009 11:36 AM
Paul Howard
Cherry Hill, NJ
Paul Howard Realty, 856-488-8444

 

Sylvie - I respect you for being upfront with them.  Disclosure is key and should be documented.

I hope things are going well there.

 

Paul Howard

Feb 27, 2009 11:41 AM
matt mathews
mathews Realty Group - Yucaipa, CA

I couldn't agree with you more Paul.  I pride myself on being a Buyer Only Agent.  When I see some of those ads your speaking about coming from Agents who have yard signs all over the place and have no idea what it really takes to qualifiy as a Exclusive Buyer Agent, I want to tell them so.  Then I get to thinking, what needs to be done is; The NAR needs to stop offering classes for the ABR designation. And put laws into effect to stop dual agency period!  The NAEBA should also start running a few ads on TV, News Papers etc to make it known that there is a significant difference in education and knowledge required for our Industry.  If you ask any Buyer this question?  Would you hire the same attorney, of the person, who's sueing you? "Your kidding-Right?" Then why would you want to hire the same agent who is working for the seller of the home your trying to buy?  All of sudden, it becomes crystal clear who works for who.  "HIRE ONE FOR YOUR SIDE"  

Mar 06, 2009 06:32 AM
Paul Howard
Cherry Hill, NJ
Paul Howard Realty, 856-488-8444

Matt, good to hear from you.  If they ever fix the commission structure and get rid of 'offers' of compensation from the listing agent that is more likely to happen.  For some reason it is hard for many consumers to know what to think.

A lot of good things have been happening with NAEBA over the last year. It sounds like you might qualifiy for membership. give it a shot.  

 

Paul Howard

 

Mar 06, 2009 07:42 AM
Peggie Ivers
Berkshire Hathaway Home Services McMillen & Associates - Goldsboro, NC

Paul

i love reading your blogs and facebook post! You inspire me when I am doubting my decision to become an EBA and open my own company! We joined NAEBA last month and  I am hoping that we will be able to educate our buyers that not all agents are working on their behalf. Any advise you have for a new EBA agency will be greatly appreciated...

Peggie Ivers

Buyer's Agents of Goldsboro

May 15, 2014 01:51 PM
Paul Howard
Cherry Hill, NJ
Paul Howard Realty, 856-488-8444

Hi Peggie, much more than half of my business over the last few years has come from leads I get from NAEBA.  The organization itself, though, is limited in the amount of advertising it can accomplish and now has to compete with companies that deceptively advertise buyer agent services.  

I've been pretty much alone in calling them out in blog posts like this one.  Sometimes I've even named specific traditional agents or specific companies. If you do it, it is important to choose your words carefully and stick to facts.  If a couple hundred EBAs did it there would be much more impact.  

I believe one of the reasons I get as many NAEBA leads to settlement as I do is that I made a decision some time ago to use NAEBA in marketing in much the same way many agents use their franchise company.  When an agent says they work for Century 21 consumers recognize that.  Although they don't recognize NAEBA, for the most part, they can look it up and see that it is national.  It gives them reassurance.

You may have noticed that often I refer people to www.naeba.org rather than to one of my websites.  I'm not alone in my market so I won't nessarily get the leads that result - but it is a big pie I'm trying to buy into and I'll get some of them.  I believe that is one reason most of my business comes from NAEBA leads.  (Tip-1)

I don't rely exclusively on them of course.  A couple days ago a client that initially found me after I answered his question on Trulia closed.  In December I closed a $450k (cash)  transaction that resulted after they found me from Angie's list reviews.  Over the last year or so, online reviews have become the most important online information source for consumers looking for someone to perform services.  I still have a lot of work to do in that regard but I've made a start which you can see here:  http://www.haddonfieldnj.com/#tabs-6  In addition to Trulia, Yelp and Angies list I  also have quite a few reviews at Zillow.  Angie's list, though, is the most reliable (the consumers perception) because to do a reveiw you have to be a member and there is a charge for that - so no fake reviews.  (Tip-2)

I have also asked people if they had read anything about me on line- most have - many have read A LOT.  Blogging where people go is not a bad idea.  People go to Trulia and Zillow.  (Tip-3)

NAEBA.org car magnetRecently, I had 2 car door magnets (see above) made. Note they don't mention my company - they mention NAEBA.  I believe that is more likely to result in a lead than advertising my small local company.  I do both, of course, but am never going to be as recognizable as the name "Century 21".  (Tip-4)

Last, being a member of NAEBA or being an EBA does NOT in and of itself make you better. What it does is ensure that what ever skills you have will be used for your buyer client start to finish.  Strive to actually BE better.  (Tip-5)

Good luck Peggie and feel free to contact me any time!

Paul Howard, Broker

NJHomeBuyer.com Realty

Cherry Hill NJ 08034

856-488-8444

 

May 15, 2014 10:03 PM