Buyers Agency Explained
You just walked into the perfect home. The "open
house" sign was on the lawn of the most beautiful house you have ever laid
eyes upon. The house is everything that you have been dreaming of when you got
your promotion. The conscientious agent at the open house was more than happy to
show you the home. You are seriously considering making an offer. Have you
answered these crucial questions?
- Does the agent who shows me the home represent me? Probably not. They do
not represent you unless you have signed agency agreement. Without the
agreement the agent is acting on the behalf of the seller. The listing
contract obligates the agent, and the Real Estate Company, as well as sub
agents from other companies to represent the seller in this transaction.
- Who then is representing the Buyer? A Buyer can get a representative of
their own to represent them. A Buyers Broker is a special Real Estate Agent
that represents the interests of the buyer. The Buyer is the client of the
Agent.
- Do I need my own Agent even if I am a Buyer? Definitely a yes. The Agent
is working for you, negotiating for you, and representing you the Buyer.
- Why can't the Sellers Agent Work on my behalf? The Listing Agent would
then be liable for a breach of duty to the seller if they assisted you the
Buyer in any way. Assisting you would not be in the best interests of the
seller.
- What is a "Dual Agent" and whom do they represent? A Dual Agent
can represent both the Buyer and the Seller. The Agent acts on the behalf of
both parties to the transaction and tries to avoid conflict of interest. In
1995, Canada enacted a consumer protection law that required all Real Estate
Agents to disclose who they represent to consumers.
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