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Are you a potential Buyer? You can hire a Home Center Sotheby's
International Realty
agent to work directly for you and your best interests. This is a particularly viable and important option for relocation clientele who may not know the local area and need advice from THEIR broker who has a fiduciary responsibility to get them the best house, for the lowest price and with teams that work for them.
What we are talking about is an Agency Relationship, or the level of services that are designed to meet your expectations as a consumer.
There are three types of agency representation:
Seller's Agent:
When a seller engages the services of a listing broker, that seller becomes the broker's client. This means the broker, and his/her subagents represent the seller. They owe the seller undivided loyalty, utmost care, disclosure, obedience to lawful instruction, confidentiality and accountability. They must put the seller's interest first and negotiate for the best price and terms for their client, the seller. (The seller may also authorize subagents to represent him/her in marketing the property to buyers). Under this option, our sales agents have these additional affirmative obligations:
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To act at all times solely in the Seller's best interests |
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To obey the Seller's instructions and to disclose all relevant information to the Seller |
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To safeguard the Seller's confidences and to act with reasonable care and skill in representing the Seller |
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To deal fairly, honestly, and professionally with the Buyer |
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To disclose to the Buyer all material defects about which the agent knows concerning the Seller's property |
As an example, under Seller Agency, the Agent could not, without the express permission of the Seller, disclose to the Buyer that the Seller will accept a price less than the listed price. Specifically, as an Agent for the Seller, we are obligated to disclose to the Seller:
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All offers to purchase the Seller's Property |
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The identity of all potential Purchasers |
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Any facts affecting the value of the Property |
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Information concerning the ability or willingness of the Buyer to complete the sale or to offer a higher price |
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The Broker's or Agent's relationship to, or interest in, a prospective Buyer |
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A Buyer's intention to subdivide the Property for resale for a profit |
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And any other information that might affect the Seller's ability to obtain the highest price and best terms in the sale of his Property. |
Buyer's Agent:
When a buyer engages the services of a broker then that buyer becomes the broker's client. This means the broker represents the buyer. The broker owes the buyer undivided loyalty, utmost care, disclosure, obedience to lawful instruction, confidentiality and accountability. The broker must put the buyer's interest first and negotiate for the best price and terms for his/her client, the buyer. (The buyer may also authorize subagents to represent him/her in locating property.)
Under the Buyer Agency our firm and our sales agents act as Agent for the Buyer only and consequently have the following additional affirmative obligations:
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To act at all times solely in the Buyer's best interest |
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To obey the Buyer's instructions and to disclose all relevant information to the Buyer |
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To safeguard the Buyer's confidences and to act with reasonable care and skill in representing the Buyer |
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To deal fairly, honestly and professionally with the Seller. |
As an example, under Buyer Agency, the Agent would not, without the express permission of the Buyer, disclose to the Seller that the Buyer would pay a price greater than the initial offer. Specifically, as an Agent for the Buyer, we are obligated to disclose to the Buyer:
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The willingness of the Seller to accept a lower price |
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Any facts relating the urgency of the Seller's need to dispose of the Property |
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The Broker's/Agent's relationship to, or interest in, the Seller or the Property for sale |
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Any facts affecting the value of the Property |
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The length of time the Property has been on the market and any other offers or counteroffers that have been made relating to the Property |
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Any other information that would affect the Buyer's ability to obtain the Property at the lowest price and on the most favorable terms. |
When a Buyer decides to engage a Home Center Agent as THEIR Broker, an exclusive Buyer Broker contract is signed and a $500 retainer fee is collected from the Buyer and reimbursed to them at the closing.
When should you as a Buyer be a client?
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Buyer who requests anonymity - must be Buyer Client |
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Relative - must disclose they are, even if they remain customers |
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Close friend |
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Business associate/partner of agent or agent's spouse |
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Former client |
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Known future client |
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Out of town Buyer |
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Buyer who wants and/or needs representation |
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Buyer who wants agent to assist at auction |
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When Buyer wants income property analysis
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When Buyer is being shown a FSBO (For Sale By Owner) |
Disclosed Dual Agent:
A broker can work for both the buyer and the seller on the same property provided such broker obtains the informed consent of both parties. The broker is then considered a disclosed dual agent. This broker owes the seller and the buyer a duty to deal with them fairly and honestly. In this type of agency relationship the broker does not represent either the seller or buyer exclusively and they cannot expect the broker's undivided loyalty. Also, undisclosed dual agency is illegal.
This occurs when a buyer has hired an agent to act as a Buyer's Agent and the buyer wants to view one of the homes that is listed with the Agent's brokerage firm and therefore already has a client relationship with the seller.
Home Center Sotheby's International Realty's agents are trained, and in many cases, certified to act as Buyer's Agents. We believe that representation of the Buyer is a valid choice, and we look forward to discussing it further with you. We are continually working to improve our level of service to you. Thank you for taking the opportunity to read this. Call us, e-mails us, we'll be glad to converse further with you.
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