Buyer and Seller
Representation
Many consumers are unaware that in
many instances, the real estate agent showing them property is not
representing their best interests. In fact, quite the opposite is
true; they are representing the sellers, and are legally obligated
to pass ANY information along to the sellers which you might provide
to them...information which could dramatically adversely impact your
ability to negotiate a good deal.
In many states, agents are
required to disclose up front who they represent. As a buyer, you
should always insist upon your agent representing you, not the
seller. You will likely have to agree to work with this agent for a
prescribed period of time and commit to buy a home through that
agent. This will give the agent the security of knowing that he or
she will be paid for his or her time; remember, an agent that is
representing you will be investing considerably more time with you
than would an agent who simply shows you homes. Your buyers agent
will show you homes but will also provide you with comparable home
sales and other information which will help you make a wise decision
regarding the offer you should make on the home you have found.
Of course, if you are selling, you
should expect your agent to be loyal to you and work for your best
interest.
Clearly, in selecting a real
estate professional, you should not just look at the sales numbers
that an agent may possess, but you'll want to know if he or she can
be trusted. Like an attorney or CPA, a real estate agent who
represents his or her own interests over your own is one to be
avoided.
There is a third choice concerning
representation. It is called "dual agency". Dual agency
means that the agent you are working with is "committed"
to being neutral, and represents both sides equally. Although this
arrangement is legal in some states, it is the opinion of this
author and many other real estate professionals that dual agency is
unworkable and downright unethical. You wouldn't want your attorney
representing both you and the party you are negotiating a court
settlement with to be in cohorts together. Don't let a real estate
professional try to do the same. You can only play for one team at a
time.
Your agent should
represent you professionally and competently. He or she will
not only help you find a home, but will provide you with information
on comparable homes recently sold in the neighborhood so you know
whether the home you are purchasing is a good value or not. Your
agent can also help you obtain valuable information regarding
schools, test scores, tax rates, churches, shopping, and recreation
opportunities. Best of all, these services are FREE of charge to
you, as the commission is paid by the seller regardless of who he or
she is representing.
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