Tag Archives: dual agency

Should You Work With a Realtor to Buy Property?

There was a time when the only way a person could find a home for sale was searching for signs on lawns, scanning the paper, or going to a real estate office and having an agent flip through a binder of homes. Today, buyers can find what’s available while in their pajama’s at 3am. The internet makes it possible to learn just about everything regarding buying property. There is only one thing that the internet will not prepare you for, the emotions involved. The home you can see yourself raising a family and growing old in or rejuvenating your spirit of whimsy may have been the home the seller never thought they would ever leave and may still have a hard time parting with. The dream home may have another offer that you have to compete with. The perfect condo may be a short sale and you will have to wait months before you know if it is yours. Thousands of possible scenarios could come up and make you feel unprepared.

Buyers, the main reason you should work with a Realtor is unless you have bought many times before, you don’t know what you are doing. I am not saying this to be mean or to undermine anyone, I work with many seasoned Realtors that have been doing nothing but representing buyers and sellers for decades and even they say they learn something new at every deal. The real estate market is a volatile emotional animal and just when you think you have the reins, something changes.

Use a Realtor to Buy PropertyYou may be thinking that if you are not working with a Realtor, maybe you can pass the savings on to the seller and get a better deal. Nice idea, but wrong. If the seller already has a Realtor, the seller has already signed an agreement to pay the Realtor their commission. If you are not working with a Realtor, the seller’s agent keeps the full commission, without working to protect your interests. And without representation you are on uneven footing. The seller has a knowledgable professional working on their behalf with their interests in mind to get the the best possible deal. However, there is the opportunity for dual agency. Once the paperwork is signed, the agent becomes a neutral party. Even in this scenario, you will not get a better deal, the agent only passes information between you and the seller without analysis, while still receiving the commission agreed upon when the listing contract was signed.

If you are in a situation where you are not working with a Realtor and found a home that is for-sale-by-owner (FSBO) then you can potentially save the seller money and maybe get a lower price for the property. According to a survey by the National Association of Realtors of the latest trends of Buyers and Sellers, only 9% of homes on the market nationwide were FSBO properties. The majority of homes that are sold by owner were sold to a buyer that the seller knew beforehand. And with most FSBO sellers willing to work with a buyer’s agent and pay the agent’s commission, wouldn’t you prefer someone who does this every day preparing the paperwork and orchestrating the transaction to close?

Always remember Caveat Emptor or “let the buyer beware”. If you already know what the buying process entails and what to look for in a property, then you may not need an agent. But it is always better to have a professional with your best interests in mind when making a purchase in real estate and who is able to remove emotion from the process. Another agent once told me “the internet can give you information, but it can’t give you knowledge.” Even if you think you know what to expect, something can always come up that you never considered.

If you are interested in learning more about the home buying process and what we do to find you a home and protect your interests, contact the Realtors of the Matthew and Alisa Group.

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What is Dual Agency?

Whether you are looking to buy property or looking to sell your property, if you are working with a Realtor, one of the first things you will learn about is agency and the different types of agency. During your first meeting with a Realtor, you will have to sign a Mandatory Agency Disclosure Form stating in what capacity the Realtor is speaking about property. The agent will disclose if she is speaking to you as either a seller’s agent or buyer’s agent. Whether working as the buyer’s agent or seller’s agent, Realtors owe buyers and sellers undivided loyalty, reasonable care, disclosure, obedience to lawful instruction, confidentiality, and accountability provided the agent disclose known material defects in the real estate. The Realtor must put her client’s interests first and negotiate for the best terms and price for their client.

As all Realtors know, you cannot thrive in this business only being a seller’s agent or a buyer’s agent, so most Realtors work as either or at any time (depending on local laws and office policy). It gets interesting when a Realtor is both at the same time for the same deal. This is called acting in dual agency.

Dueling Agents

Dueling Agents…Get it?

Dual agency is when the Realtor is both the seller’s agent and the buyer’s agent. This can only happen with expressed and written consent from both the buyer and the seller. This written consent has to be given by both parties before executing an offer to purchase a specific property. Once both parties agree to allow the Realtor to represent them, the Realtor enters dual agency and becomes a neutral party. At this point, think of your Realtor as Switzerland! The Realtor can pass along factual information between buyer and seller but cannot interpret the information for either party. Nor can the Realtor offer analysis or advice to either the buyer or the seller. For example, the Realtor can give a comparative market analysis (CMA) or comps for the property to the buyer that were previously provided to the seller when determining a listing price, but she cannot analyze it with the buyer nor can she advise what price the buyer should offer. However, if new properties show up in the comps given to the buyer, the Realtor has to provide the same updated information to the seller.

By nature, a dual agent cannot fulfill the same duties of a seller’s agent or buyer’s agent. A Realtor in dual agency still owes both the buyer and seller confidentiality of material information and accounting for funds. However, while in dual agency the Realtor cannot negotiate the best terms or price for either party.

For seasoned and educated buyers and sellers, working in dual agency can be a good thing, since they only need to communicate with one Realtor, thus cutting down on delays caused by passing information back and forth between parties. However, for first time home buyers who are nervous and do not fully understand the buying process, this is not ideal. No one is ever taken advantage of, but with the experience of making such a major purchase, having a Realtor exclusively in your corner, helping you understand the market, and getting you the terms you want can be a relief to the emotional stress that comes with buying your first home. That being said, if you are working with a Realtor you trust and they have the property you have been looking for, you have no reason not to go for it.

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Posted in Buy Property, Real Estate Sales Market, Real Estate Tips, Real Estate Transactions, Realtor, Sell property | Tagged , , , , , , , , , | Leave a comment