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When were "buyers agents" invented in your market?

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Real Estate Agent with HER Realtors

frankenstein Glen Fisher Home Inspector of NJ wrote in a comment:

"Okay, let me try again.  When I started home inspections in 1989, I don't believe the Buyer Agent had yet to be invented.  However, I did not research this and criticize me if I am incorrect. "

As much as I hate a discussion of agency relationships among real estate agents... (as my old friends on RealTalk will surely remember) lets open the discussion up to home inspectors, lenders etc ....  Are the home inspectors, loan officers, etc.  even aware of the agency relationship between the buyer and "their"  real estate agent? If you are hired by a buyer to inspect a property, originate a loan for them do you know the buyer's relationship to "their" agent?

Does the relationship the buyer has with "their agent"  impact the home inspection or the loan...  your role in the transaction?

Don't be scared although it looks like both Glen and Lenn Harley a real estate broker in MD and VA are screaming...


GENUINE BUYER AGENT SHOULD KNOW HOUSES

DON'T CRITICIZE THE "BUYER'S AGENT" UNLESS YOU UNDERSTAND THE AGENCY RELATIONSHIPS.

I am certainly not going to criticize eithers use of caps....for emphasis... they might both turn and yell at me....

I was confused by Glen's post, I was not sure if he was criticizing an EBA or saying an EBA is a "GENUINE BUYER AGENT" and criticizing other agents with a different business model as not having the knowledge EBAs have about defects in homes they are selling.

Lots of people will be too new to the business to remember the invention of buyers agents.

When were buyers agents invented in your market?  Did the invention of buyers agents coincide with the invention of home inspectors?

Dr. Frankenstein's invention is not meant to represent Glen or Lenn... or any particular flavor of "Buyers Agent."  The photo from Wikipedia is in the public domain.

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Information is deemed to be accurate but should be verified to your satisfaction.  Information provided herein is supplied by several sources and is subject to change without notice.  Opinions expressed are solely those of Maureen McCabe.

 


 

Missy Caulk
Missy Caulk TEAM - Ann Arbor, MI
Savvy Realtor - Ann Arbor Real Estate

Buyer Agents were just starting when I was licensed in 1995. At that time it seemed perfectly reasonable to me. But, I found many older agents hating it. The change thing.

Some even flat out said, "I work for the sellers" before they showed a property. It finally dwindled down to one guy. Everytime he would show one of my properties he would call and say,

"Missy, remember I am working for your sellers."

 

Mar 12, 2009 12:18 AM
Charlie Ragonesi
AllMountainRealty.com - Big Canoe, GA
Homes - Big Canoe, Jasper, North Georgia Pros

I have a different view of this. I think buyers agents came about because of the real and potential conflict of interest in representing both sides of a deal. The easy example is if the listing agent knows the seller is getting divorced and must sell this is not something they should freely disclose as it would hurt their seller. but if they are both sides would this not be info the buyer would want. Enter the problem. So a real buyers agent works for the buyer not to find a "blind" inspector. Why would a buyers agent be more tempted to d this than the listing agent who has money in advertising and marketing in the home?

So I think the buyers agent came out of a real need.

Mar 12, 2009 12:23 AM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

1995 you were way behind us Missy. 

Your sellers offer sub agency?  You mentioned the agent who says "Missy, remember I am working for your sellers."  He'd really have little to show here, since I was going to say 1995 but I am probably confused on that....  1992?  The large RE brokerages in our market have not offered sub agency... the agent working with the buyer has to work for the buyer...  in most cases.  I have not paid attention to who is still offering sub agency here.

Charlie not sure that that is any different view of it or not....  I don't think this post says there was NOT a real need for buyers agents but thanks for sharing...

Mar 12, 2009 12:25 AM
Anonymous
Rob Aubrey

I remember in 1992 when I started, the seperation of agency was strating in residential. There was a period where sellers didn't want to pay a buyer's agency commission because didn't represent them. That lasted about a week. There was an agensy that popped up that was Buyers Only.

 

PS you just want to know who the old timers are, huh?

Mar 12, 2009 12:31 AM
#4
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

Rob when I moved to Columbus in 1990 there was a buyers agents commission on a listing and a sub agents commission.  % could be the same, could be different, could be 0.  I had sold in another Ohio market previously.  I don't think we had it worked out there although we were certainly aware of the rumbles....  about buyer brokerage in the industry and changes in state laws.

Moving to Columbus I referred myself to an agent at first, who was acting as a sub agent because that is how the majority of us worked in 1990.  We did not end up buying that house and I ended up representing US as a buyers agent in 1990. 

I believe the big change came in our market in 1992 when King Thompson Holzer Wollam said their listings would NOT offer sub agency. As I remember HER Realtors (the #1 company in town)  followed suit shortly after.  The third largest company which was Coldwell Banker who I was with, followed their lead.

When Ohio had a change in the disclosure at first meeting with a consumer,  the attorney who represents our company gave an overview of Ohio agency history.  I vaguely remember he and I remembered some time frames  differently.  It's old timers....

It is what it is today

 

Mar 12, 2009 12:41 AM
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Buyer Agency has been around a long time. It wasn't openly done because the traditional way of doing business was by sub agency. I have a book written by James B. Warkentin, a Broker in McLean, Virginia who pioneered residential buyer brokering in the 1970's. I believe it was in the early 90's when the laws were change and full disclosure was required. Back then we were required to write "Buyers Agent" on the back of our business cards, if we represented the Buyer.

Mar 12, 2009 12:57 AM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

Right!!  Of course it was around... it just was NOT the norm.  Thanks for the comment Michael!

Mar 12, 2009 01:00 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

I use all caps for all of my titles on ActiveRain.  I also use it for headings.  It's simple report construct.  I'm not shouting.  When I shout, the translation is *^$$^&*(()).

Buyer's agency developed across the country as a result of litigation.  Bokusky v. Edina Realty, a class action lawsuit brought by a home buyer who was "represented" by the listing agent. 

That was watershed litigation, see:  http://www.economics.emory.edu/Working_Papers/wp/curran_99_19_paper.pdf

Fascinating.  My first BA Agreement was in 1993 in MD and I haven't looked back since.  I had to leave the mega broker I was with in order to practice buyer's agency since it was a listing company and I was never comfortable with Dual Agency. 

 

Mar 12, 2009 01:01 AM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

Thanks Lenn. 

I remember Bokusy v. Edina...  I forget the Bokusky's name though....

 

Mar 12, 2009 01:07 AM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

WE had one of our buyers a while ago tell us that her friend paid some agent $500 to be "her" agent...oh not....I don't think there are folks here who ONLY do that....at least not on purpose !

Mar 12, 2009 01:58 AM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

Sally I have to ask if you know Mark Jay, a broker in the Milwaukee area?  Lenn and I know him from RealTalk and I personally love Mark Jay, he's a real character.  

Mar 12, 2009 02:18 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

I love Mark too.  Haven't heard from him in years.  He is the person I credit with my "Ah Ha!" moment about buyer's agency.

In a word, he wrote:  "It's over".

I suddenly realized that he was right.  The statutes in my market had suddenly given me a roadmap for how to practice.  I had choices and followed them.

I consider Mark May a genius.

 

Mar 12, 2009 04:12 AM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

I emailed him this morning via one of his websites... to say I was talking about him... 

He is a genius.  A long winded genius...  an aggravating genius at times... 

I used to invite him to AR a lot.  I don't believe he has ever joined.  His name is too hard to search here. He could be a lot of fun here or really wreak havoc...

I was having Pam Bell nolstalgia yesterday between your post and Glen's.

Mar 12, 2009 04:18 AM