This is the mission of Oregon Exclusive Buyers Realty...
When the listing agent called me back after receiving the offer I submitted for my buyer, he called it an "anomaly."
He must have felt he was being transported into a space-time continuum in an Alternate Universe...
"I've never seen anything like this before! You are totally giving the buyer the advantage."
I took it as a compliment.
I explained that I am an Exclusive Buyer Agent - that I do indeed represent my buyer and their position 100%. What sort of buyer agent would I be if I wrote up offers giving the seller the advantage? I am contracted in writing to my buyer. It the listing agent's job to represent the seller, mine to represent the buyer.
The sales agreement is the place to start, the buyer begins the process, the buyer brings the money to the table, the buyer makes a seller. Without the buyer, there are just people who own homes and real estate agents without paychecks. It is always about the buyer for me. I never forget without buyers, there is NO real estate market. The buyer begins the dialogue, the seller can respond in ways that meet their needs. We work though a process and ultimately arrive where both parties are in their comfort zones.
In my Universe the offers I write are NOT anomalies. They are always about the buyer and their needs and protecting their interests. My company is expert at that. Every clause of verbiage in our sale agreements has been taken down to the Real Estate Agency in Salem, Oregon and approved for use in meeting our buyers requirements.
The one area the listing agent had never seen and was particularly perplexed with was our use of a promissory note for earnest money, to be redeemed after buyer's satisfaction with the inspection and after buyer's satisfaction with agreed upon repairs, if any, have been completed. The whole agreement for the sale hinges on the condition and repair of the property because that makes sense for the buyer.
Why should any buyer give earnest money to a seller when the seller hasn't shown the buyer the underlying condition of the property by producing their own inspection? Most sellers don't have a current evaluation of their property. They expect the buyer to pay for an inspection.
Of course, the buyer will get their own inspection, and that is where they begin the process to show their earnestness toward the sellers. They pay out-of-pocket, right at the beginning, with no guarantee the property will pass muster. I've had buyers pay for the inspection on a beautifully dressed interior and find out every underlying system was lacking. They walk away with money out of their pocket. They certainly were earnest enough about the property to go that far. Why should they put any money in escrow if there is even a remote possibility of that happening and no agreement ever being made?
There IS NO sale agreement until after the inspection discovery period. There is nothing to be earnest about until the buyer knows the property is in good repair, and if not, will be brought into good repair. If a seller doesn't want to do this, then they need to list the property "as is" and price accordingly.
Yes, the way we represent buyers may be an anomaly to the Universe many listing agents and sellers inhabit. But as Exclusive Buyer Agency continues to expand, my company will continue to educate both buyers, sellers and listing agents, that there is a new way to approach things. We will continue to move boldly forward to a new place where buyers' interests and their position are honored and protected and doing so is no longer considered an anomaly.
My goal is to "Beam Up" all buyers to that place with every offer I write.
Trek on!
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