When buying real estate, you
may have several choices as to how you want a real
estate firm and its agents to work with you. For
example, you may want them to represent only you (as
a buyer's agent). Or you may agree to let
them represent only the seller (seller's agent
or subagent). Some agents will offer you a
choice of these services. Others may not.
Buyer's Agent
Duties to Buyer:
If the real estate firm and its
agents represent you, they must
- promote your best
interests
- be loyal to you
- follow your lawful
instructions
- provide you with all
material facts that could influence your
decisions
- use reasonable skill, care
and diligence, and
- account for all monies
they handle for you.
Once you have agreed (either
orally or in writing) for the firm and its agents to
be your buyer's agent, they may not give any
confidential information about you to sellers or
their agents without your permission so long as they
represent you. But until you make this agreement
with your buyer's agent, you should avoid telling
the agent anything you would not want a seller to
know.
Unwritten Agreements:
To make sure that you and the
real estate firm have a clear understanding of what
your relationship will be and what the firm will do
for you, you may want to have a written agreement.
However, some firms may be willing to represent and
assist you for a time as a buyer's agent without a
written agreement. But if you decide to make an
offer to purchase a particular property, the agent
must obtain a written agency agreement. If you do
not sign it, the agent can no longer represent and
assist you and is no longer required to keep
information about you confidential. Furthermore, if
you later purchase the property through an agent
with another firm, the agent who first showed you
the property may seek compensation from the other
firm.
Be sure to read and understand
any agency agreement before you sign it.
Services and Compensation:
Whether you have a written or
unwritten agreement, a buyer's agent will perform a
number of services for you. These may include
helping you
- find a suitable property
- arrange financing
- learn more about the
property and
- other-wise promote your
best interests.
If you have a written
agency agreement, the agent can also help you
prepare and submit a written offer to the seller.
A buyer's agent can be
compensated in different ways. For example, you can
pay the agent out of your own pocket. Or the agent
may seek compensation from the seller or listing
agent first, but require you to pay if the listing
agent refuses. Whatever the case, be sure your
compensation arrangement with your buyer's agent is
spelled out in a buyer agency agreement before you
make an offer to purchase property and that you
carefully read and understand the compensation
provision.
Seller's Agent Working With a Buyer
If the real estate agent or
firm that you contact does not offer buyer agency
or you do not want them to act as your buyer
agent, you can still work with the firm and its
agents. However, they will be acting as the
seller's agent (or "subagent"). The agent can
still help you find and purchase property and
provide many of the same services as a buyer's
agent. The agent must be fair with you and
provide you with any "material facts" (such as a
leaky roof) about properties.
But remember, the agent
represents the seller—not you— and therefore must
try to obtain for the seller the best possible price
and terms for the seller's property. Furthermore, a
seller's agent is required to give the seller
any information about you (even personal, financial
or confidential information) that would help the
seller in the sale of his or her property. Agents
must tell you in writing if they are
sellers' agents before you say anything that can
help the seller. But until you are sure that an
agent is not a seller's agent, you should avoid
saying anything you do not want a seller to know.