Prior to the 1990′s, real estate purchase contracts were only two pages and were written to protect the “seller”. All real estate professionals pretty much represented the “seller”, not the buyer in any transaction. Today, real estate purchase contracts are eleven pages with several pages of addendums and are written to protect the “buyer”. In the earlier days of real estate, the agent, hired by the buyer was working for the seller. This meant that everything the buyer discussed with the agent was disclosed to the seller.
During this whole time the agent was representing the seller. The agent had never met the sellers of the homes they were showing these buyers, but yet those were the laws. The buyers had no idea and assumed that the agent represented their best interests.
Now that the rules have changed, real estate agents are now required to discuss in detail an “Agency Disclosure” form which is one part of the purchase contract. This disclosure form explicitly states who the agent represents. This form should be signed by the party that the agent is representing and is by no means a commitment from the buyer. It is only a disclosure and should be signed PRIOR to the writing of a purchase contract.
Over the years I’ve known several buyers who actually think they will save money by dealing directly with the agent who is the listing agent on a property. This listing agent then writes an offer on behalf of the buyer but the agent’s fiduciary duty is to get the highest price for the seller, not the lowest price for the buyer. This strategy can actually cost the buyer thousands of dollars more when the negotiations start.
Buyer representation is vitally important and should not be taken lightly by the buyer. One example might be this; the listing agent or the agent who represents the seller, shows the buyer a home. The buyer absolutely loves the home and wants to make an offer. The buyer makes an offer that is lower than the sales price but in conversation, mentions to the listing agent they would be willing to go higher on their offer. The listing agent has a fiduciary duty to disclose to their seller that you, the buyer, are willing to go higher on your offer price.
Another example is the buyer who walks in a new home subdivision. The sales agent discusses their models, floor plans, etc but is actually looking out for the best interests of the builder/seller.
If the buyer goes to a new home community by themselves and falls in love with one of their models, then they call their agent to meet them there can be disastrous. Most builders will not allow this even if the buyer did not register with the new home subdivision on their first visit. Once you cross that threshold in a new home community, the builder will not allow you to be represented by an agent.
Buyer’s agents use a real estate form in their business called a “Buyer Broker Exclusive Employment Agreement”. Many buyers tend to shy away from signing this disclosure form upfront, but it really protects the buyer and buyer only. It’s not an agreement that forces the buyer to purchase a home but rather an agreement in writing that the agent agrees to “exclusively” represent (look out for their best interests and work for the buyer making sure they get the best possible price for the home) the buyer when they do decide to purchase.
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