Special offer

Buyer agency - why not?

By
Real Estate Agent with 1
  • Please note: within my area - NY is a seller representation state.  I do not nor have I ever worked as a buyer agent.   
    • As a buyer, have you ever went to view a property and thought that your real estate agent was working for you? 
    • As a buyer, have you ever bought a house and thought that the agent whom you were working with was for you?
    • Have you ever signed an agreement with an agent when buying a property? 

If you answered yes to the top two questions, then you were grossly misinformed.  If you answered no to the last question - then the fact of the matter is - the agent was NOT working for you, they were working for the seller all the time, you just were not aware of it and that is wrong

Buyer brokerages in NYC are almost null in void.  I do not know of any TRUE buyer broker firms.  What I mean by TRUE buyer broker firms is that the agent and their cooperating firm has NO listings.  That is the only true way that the agent is a true buyer broker.

Why is this such a big deal?  Well, most buyers are under the impression that the agent was representing them and not the seller, which is untrue.  In my honest opinion, all buyers should sign an agreement, even if it is just for one showing of a house, because you are taking all the question of who is working for who.  You know because you have a buyer broker agreement signed between you and your agent. 

Agency disclosures can always turn a room full of Realtors into a heated argument.  Most don't even know what the real facts are.  But, now the DOS have adjusted some of the rules on the playing field.  They are instituting new disclosure forms that are to be filled out at FIRST INITIAL CONTACT OF A BUYER AND AGENT.  If you do not get this form to fill out, explaining who works for who - then you are not informed. 

The Real Deal published an article regarding the Buyer Brokers and how "Playing both sides needs approval ".  The article highlights a lawsuit that took place and they buyer who sued the agent and lost.  The buyer loss because in the NYC real estate market, without a buyer broker agreement - it is "buyer beware". 

How do I get a buyer broker?  If you go into a real estate firm and ask to sign an agreement then you become the client and that agent is working for you.  On this agreement it should state the terms, the property involved and if there are any payment terms.  The agreement should also state a date of start and a date of finish. 

I am curious to know why buyers here in NY are against or are afraid to sign an agreement like a buyer broker?  If the agent does not fulfill his/her duties of finding you the home for a certain price that you are willing to pay and you don't buy a home from that agent - then you owe nothing.  If, in fact you do buy a home from your buyer agent - then you would pay the commission, hopefully from the purchase of the house.   

So my question to the buyers would be: (Its ok to email me directly - some people are shy to post a comment). 

  1. As a buyer - Would you feel comfortable to sign a buyer broker agreement?  Why or why not?
  2. As a buyer - Do you feel that you could get better "deals" with a buyer broker?
  3. As a buyer - Do you think that you will request a buyer broker agreement?

Comments (5)

Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

"my honest opinion, all buyers should sign an agreement"

It's mandatory for our team.  I don't take Seller listings without a signed Listing Agreement and I don't work with Buyers without a signed Buyer-Broker Exclusive Employment Agreement.  Period!

Jan 16, 2007 12:12 AM
Christine Forgione
1 - Whitestone, NY
Associate Broker
I wish Tony.  Until I started to blog - I had NO idea HOW far behind NY is.  It is really a shame.  It is Buyer Beware here. 
Jan 16, 2007 12:16 AM
"The Lovely Wife" The One And Only TLW.
President-Tutas Towne Realty, Inc. - Kissimmee, FL

Hey NY Chic aka Christine :)

I am going to approach this as a Consumer. K?

1. Yes. Assuming I am comfortable with the Agent and I sense that my needs come before their own. No. If I get the feeling that all the Agent cares about is their pretty wallet :)

2. No. I could find the deals myself. But I would much rather pay for someone else to do that :)

3. No. I would wait to be asked. I volunteer nothing to someone who is trying to sell me something :) If the Agent wants me to sign a B.A. they better speak up or forever hold their peace :)

Guess these answers eliminate..."SHY"... Wink. Wink.

 

Jan 16, 2007 12:23 AM
Malika Cumbie
Alotta Apartments - Brooklyn, NY

Hi Christine,

I don't know why buyer agency is not a big deal in NYC.  It is the best thing for both the buyer and the agent. I think once you fully expain all the benifits of having representation, most buyer will sign. I ask them simply Do you want me to work for you or the seller?

Good Post.

Aug 21, 2007 12:12 PM
DDR Realty
DDR Realty - Newburgh, NY
Orange County NY

Christine, I disagree about it being buyer beware in NY. Even if a buyer does not sign an agreement, he or she has much recourse to take. The DOS will still be there for them.

 

Aug 29, 2007 12:32 PM