"Who's Zoomin' Who": Your Guide To Real Estate Representation
"Who exactly is my real estate agent representing?" This is a
question I am sure many home buyers and sellers have asked
themselves in the course of a real estate transaction. Agency
relationships can be a bit confusing, but understanding them is
an essential element when buying or selling a home. Know clearly
who is representing your best interests. This is the key to
having confidence and security that you have received the best
deal possible.
Making The First Move
In North Carolina, it is required that upon first substantial
contact , a real estate agent must present you with the "Working
With Real Estate Agents" brochure. Not only must they present
this to you but they are required to go over it with you in
detail explaining your options regarding the type of agency
relationship you choose to allow this agent to work under. You
will be asked to sign it and the agent will keep that portion
for their records and you will be given the rest to keep as a
reference. Keep in mind that this is for your protection and by
no means creates an agreement or contract with the agent. An
agent's loyalty is to the person they have established an agency
relationship with, and they have a duty to inform them of any
facts that will procure a better deal. Therefore, never disclose
any confidential information to a real estate agent unless you
have agreed to enter into an agency relationship with them and
they are working for you!
"Caveat emptor" Let The Buyer Beware.
Originally, buyers in a real estate transaction had no
representation. This began to change, as buyers demanded it. Now
when you contact an agent as a potential buyer, you have several
different options available. If you are not sure whether you
want to work with this particular agent only, you can choose the
"nonexclusive buyer agency". This will allow you representation,
but not limit your dealings with other agents. Although this
agreement may be oral it must be reduced to writing prior to
making an offer. On the other hand, if you are sure that this is
the agent you want representing you then the "exclusive buyer
agency" is the route to take. This agreement must be in writing
from its formation. The loyalty of your agent is the same in
either situation, however in the latter you are prohibited from
working with any other agents. Lastly, if you do not want to
make an agreement with the agent at that time, they can still
show you a listing as a "seller's subagent". Keep in mind, in
this situation, that their loyalty is with the seller.
Sellers--Go With The Flow
Sellers often deal with issues slightly less complicated. When
you list your home you sign an "exclusive right to sell listing
agreement" with the firm, and by virtue of this agreement all
agents of the firm represent you. Also, allowing the agent to
place your listing on a multiple listing service (MLS), makes
all agents belonging to that service now your subagents, unless
of course they have entered into a buyer agency agreement with
their client. Caution sellers; a buyer's agent is not working
for you.
Know What Kind Of Relationship Your In
Most sellers and buyers agree to a "dual agency addendum". This
allows the seller's agent to show the property to prospective
buyers that contact them directly. The buyer's agent will be
able to show listings within their own firm. With dual agency,
the agent has a fiduciary duty to each of you, equally. There is
an alternative called "designated agency", whereby one agent
within the firm is appointed to represent the seller, and
another agent within the firm is appointed to represent the
buyer. A high level of care skill and diligence is provided when
you enter into an agency relationship with your realtor.
Understanding these concepts gives you the knowledge to choose
the agreement that fits your needs. The relationship you have
with your agent can be a rewarding one, so choose wisely.