 |
There are vast differences
between the scope of services a Seller's or Dual Agent
can legally offer to a buyer in a real estate transaction
than the wide array of services Exclusive Buyer's Agents can
offer.
It's important to note: Just
because a realtor offers to show you some properties (or offers to "work
with you" in finding the right home...), it doesn't qualify them as
your agent, friend, nor ally in this process! There's a world of
difference between working with an agent than retaining one
who'll pledge to work exclusively for you... and that
difference typically translates into thousands of dollars saved by
the buyer during the home buying process.
The
following definitions will help you to decipher who the players
are in the world of real estate:
EBA - EXCLUSIVE BUYER
AGENT
- works for a real
estate brokerage that never sells properties
(i.e., "take listings") of any kind, thereby pledging to work
solely on the behalf of the buyer. EBA's are the only agents
who can legally guarantee full and uncompromising representation to
their buyer clients.
SA
- SELLER'S AGENT
- also known as
"listing agent". Typically, this is the agent whose name is on the "For
Sale" sign. Legally obligated to represent the seller's interests only.
Duty is to get the highest price and best terms for the seller, maintain
seller's confidentiality and disclose all known information about
prospective buyers. Legally, the seller is this agent's "client", buyers
are merely "customers".
BA
- BUYER AGENT
- an agent retained by
the buyer to represent the buyer's interests, but one who
typically works for a brokerage that also actively
sells/lists properties. Buyer representation by this agent
requires full consent by all parties prior to he
commencement of any and all activities. Duties
include: locating the right home for the buyer; negotiating on
buyers' behalf for best price and terms; maintaining buyer's
confidentiality, and; disclosing all known information about the seller
AND THE HOME to the buyer. Legally, in this instance the buyer is,
indeed, the agent's "client" and sellers are "customers", but
potential conflicts of interest abound. There is nothing preventing this
agent from steering the buyer into purchasing homes listed within
their brokerage's inventory.
DA
- DUAL AGENT
- whenever the agents
for the seller and the buyer work for the same real
estate company, or "broker", they BOTH become DUAL AGENTS. Neither
buyer nor seller are fully represented. "Designated agency" is a form of
dual agency. Liken this to attorneys not representing both sides in the
same court case - when they work with both sides they are conducting
"mediation" - helping the parties reach their own agreements, but not
going to bat for either one.
The table below
illustrates some of the many advantages in retaining an
exclusive Buyer's Agent to assist you -- the buyer client --
during a typical home sale.
|
Services and Duties Provided |
Seller's or Dual
Agent |
Exclusive
Buyer's Agent |
|
Arrange
property showings |
* |
* |
|
Assist
with financing |
* |
* |
|
Provide
accurate information |
* |
* |
|
Explain
forms and agreement’s |
* |
* |
|
Monitor
closing |
* |
* |
|
Prepare
a property value study |
|
* |
|
Keep
your bargaining and financial position confidential |
|
* |
|
Promote
and protect your best interests & advise you |
|
* |
|
Negotiate
the best price and terms on your behalf |
|
* |
|
Point
out reasons not to buy |
|
* |
|
Pass
on information that may enhance your bargaining
position |
|
* |
|
Assist
in writing the offer with your best interests in mind |
|
* |
|
Exposure
to entire market; both
listed & unlisted properties |
|
* |
|
Provide
anonymity, if needed |
|
* |
|
Research
the seller & property |
|
* |
Next...
|
 |