Descriptions of Agency: The Buyer Agency Agreement
 

There are agents, and then there are agents. Yes, it sounds confusing. That’s because the term “agent” is often used in a casual manner,

referring to any real estate practitioner.

But agent also refers to someone with whom you’ve established a formal agency relationship—someone who represents your best interests in a real estate

transaction and owes you fiduciary responsibilities. Agency relationships are usually established in writing with buyer agency agreements, and require:

•  Loyalty
•   Obedience
•  Disclosure
•  Confidentiality
•  Reasonable Care and Diligence
•  Accounting

 

The birth of buyer agency

For many years, real estate was practiced in such a manner that agency relationships were only extended to sellers. Any real estate agent who brought

a buyer to the table was actually working as a sub-agent to the seller.

This all began changing in the 1980s, when buyer agency started gaining momentum in residential transactions. Today, agency laws still vary from

state to state. But even if you live in a state that recognizes buyer agency, you can’t assume that you will automatically receive fiduciary

 responsibilities from the agent you’re working with as a potential homebuyer.

That’s why it’s vitally important to talk to the agent or broker early in your working relationship about his/her agency status. You may also want to

consult your state association of REALTORS® to gain a better understanding about agency laws in your particular state, or contact the

agency charged with regulating real estate professionals in your state, often referred to as the state real estate commission.

Details vary from one state to another, and each brokerage has its own contract terms within these broader guidelines. But for purposes of

illustration, this table outlines how your status may affect the level of service to which you are entitled:

 

Are you a buyer-customer or a buyer-client? Services will vary, depending on your agency status* If you are a CUSTOMER (no agency relationship), an agent will: If you are a CLIENT (agency relationship), your agent will: Maintain loyalty to the seller’s need Pay full attention to your needs Tell the seller all that they know about you Tell you all that they know about the seller Keep information about the seller confidential Keep information about you confidential Focus on the seller-client’s property Focus on choices that satisfy your needs Provide just the material facts Provide material facts as well as professional advice Only provide price information that supports the seller’s listing price Provide price counseling based on comparable properties and their professional insights Protect the seller Protect and guide you Negotiate on behalf of the seller Negotiate on your behalf Attempt to solve problems to the seller’s advantage and satisfaction Attempt to solve problems to your advantage and satisfaction

 

You may not know if you’re a customer or a client.

 

Depending on the laws in your state, you may find yourself working with someone who is actually negotiating

for the seller, not you the buyer. The best way to be certain your interests are being considered and protected

is to sign a buyer agency agreement with a trained buyer’s rep, which clearly establishes client-level services

and spells out what services you can depend upon.

 

What about dual agency?

In some cases, it will become necessary for your real estate professional to deviate from the single agency model. For example, a buyer-client may

become interested in a house that also happens to be offered for sale by a seller-client of their buyer’s rep, or by the same brokerage firm.

How can a buyer’s rep, in this instance, maintain complete loyalty to their buyer if he or she also owes complete loyalty to the seller?

Obviously, they can’t. But, depending on the real estate license laws in your state, and your status with the brokerage firm, the manner in which

this situation is handled will vary. To get concrete answers, you should read and discuss the brokerage services disclosure statement, which should

reflect your state’s agency law. If your agent hasn’t supplied a disclosure statement, you should ask for it. It spells out the different categories of

agency services they provide and how they address dual agency.

Almost all states require disclosure of dual agency and often require that a buyer’s rep (or his or her brokerage firm) only act as a dual agent

with the written consent of all parties to the transaction. In such a situation, the brokerage agrees to endeavor to be impartial between both

parties and will not represent the interest of either party to the exclusion or detriment of the other party. Neither will they share the confidential

information of one party with the other party. This is how brokerage firms and their agents strive to create win-win situations for everyone involved.

There are a few states that prohibit dual agency even with disclosure and consent.

 

Other types of relationships

Some states also allow different types of relationships beyond agency relationships. For example, a transaction broker assumes responsibility to facilitate

the transaction, rather than represent one side over the other. Further obligations may also be set forth in a written contract with a client.

Even though the laws concerning agency can vary from one state to another, one thing that is constant throughout the U.S. is the obligation

for all REALTORS® to comply with the National Association of REALTORS® Code of Ethics.

 

Issues to discuss with a buyer’s representative

Real estate agency relationships, like all business relationships, can be formed in a number of ways. In order to help talk through your options,

here are several questions to ask your buyer’s rep:

• Do you represent buyers, sellers or both?
• What services are provided to (or excluded from) me, based on my status as a buyer-customer or buyer-client?
• When does representation begin? When does it conclude?
• If I’m not ready to commit to your normal term, can you offer me a one-day buyer agency agreement or a 24-hour opt-out clause?
• How is dual agency addressed in your firm?

ABR® vs. Buyer's Rep: A REALTOR® Designation
 

A buyer’s representative (or simply buyer’s rep) is a licensed real estate professional who represents prospective homebuyers in their property transaction.

If you’ve formalized an agency relationship, typically by signing a buyer’s rep agreement with a buyer’s rep, you can expect him or her to:

• Understand your specific needs and wants, and locate appropriate properties.
• Assist you in determining how much you can afford (pre-qualify your mortgage).
• Preview and/or accompany you in viewing properties.
• Research properties, to identify any problems or issues you should consider.
• Advise you in formulating your offer.
• Help you develop your negotiation strategy.
• Provide a list of potential qualified vendors (such as inspectors, attorneys, lenders, etc.) for other related services that may be needed.
• Keep track of all the details throughout the entire transaction—to closing and beyond.

 

In other words, a buyer’s rep should make your home-buying experience go as smoothly and successfully as possible.

But not all buyer’s reps are equal. A buyer’s rep who has earned the Accredited Buyer’s Representative (ABR®) REALTOR® designation has made

an extra effort to raise the bar, with additional training and experience in serving you, the homebuyer. If you work with an ABR®, you can feel

more confident that you’ll receive the highest level of buyer-representation services.