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Bill Sidner Tidbit: |
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Agency
In 1983, a Federal Trade Commission study revealed that over
72% of all home buyers nationwide mistakenly believed
they were being represented by the agent who was showing them
homes. As a result, laws requiring agents to disclose
exactly who they represent have been passed all over the country.
When consumers became aware that most agents worked for the seller,
they began demanding their own representation.
So, before we cover this "new" type of agency that
offers the buyer representation, let's cover the different types
of agencies that are out there.
Dual Agent
This is an agent who practices what is known as "Disclosed
Dual Agency"…an agent who represents both the Buyer
and the Seller in the same real estate transaction. Sound controversial?
It is…but it is legal in many states with informed consent
of all parties.
No Agent
Buyers are not required to work with a real estate agent. You
may contact For Sale By Owners directly if you wish, with the
understanding that neither you nor the Seller are represented…you
are "on your own." For listed properties, you are obligated
to contact the company that has the home listed to obtain information
or to see the property. Under these circumstances, you will be
working with a "Seller's Agent" - (see "Seller's
Agent" above).
As stated above, I believe it is extremely important that you
understand the significant differences in practice among agents
and agencies, and what their company policies are. Only then can
you make an informed decision about selecting an agent with whom
to work. Please open the door "Agent Interview" to find
a list of questions that you should ask any real estate agent
you may consider hiring or working with.
Exclusive Buyer's Agent
I believe that Professional Buyer's Agents take buyer representation
seriously. As an Buyer's Agent, I continually seek out information
and attend training seminars on Buyer representation.
Many agents today are casual about Buyer agency. While they don't
conduct themselves "unprofessionally," they don't really get it
when it comes to true representation of Buyer clients. Many agents
get their ABR or CBR designations and use these designations along
with the "concept" of Buyer agency as a means to sell more homes.
Professional Buyer representation takes much more!
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The proper mindset; a true Buyer's Agent helps
people buy homes and acts as a consultant, advisor, counselor,
and advocate. A true Buyer's Agent doesn't "sell"
homes or act like a "salesperson."
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Different terminology; "buying"
not "selling," "procuring homes for buyers"
not "procuring buyers for sellers," "viewing
homes" not "showing homes."
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Greater responsibility and liability; a professional
Buyer's Agent takes on considerably more responsibility and
liability than an agent listing a property…the buck
stops with the true Buyer's Agent!
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Due diligence; a professional Buyer's Agent
recognizes his or her obligation to perform due diligence.
A casual Buyer's Agent frequently has no idea what due diligence
is, or how ignoring due diligence can immeasurably hurt Buyers.
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Agency; a true Buyer's Agent takes very seriously
the agency duties that are required by the common law of agency.
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Conflicts of interest; a true Buyer's Agent
understands this concept. When faced with a conflict of interest,
a true Buyer's Agent will tell you immediately and should
refer you to someone else to eliminate the conflict and ensure
that you continue to receive proper representation. That is
the true nature of a "True" Buyer's Agent.
When you combine the full service and representation that a Buyer's
Agent can offer, with the mindset and commitment of a professional
Buyer's Agent, that is the agent you want to hire!
As your Buyer's Agent, I can offer you the following:
- Give you 100% loyalty 100% of the time
- Put your best interests before all others including my own
- Have the endorsement of consumer advocates and the media
- Help you avoid costly mistakes
- Make every effort to save you time and money
- Maintain strict confidentiality
When Searching for a New Home or Land
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Show you properties listed in the Multiple
Listing Service, Expired Listings, For Sale By Owners, and
even those not currently on the market
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Tell you when a property is over-priced
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Look for reasons not to buy a property
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Perform a Comparative Market Analysis (CMA)
on property that you wish to consider buying
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Investigate the property, neighborhood, and
the Seller's motive for sale
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Ask the Seller, or Seller's Agent, key questions
that they must answer if asked
When Negotiating the Offer
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Ensure that proper legal protection is provided
to you in the written Purchase & Sale Contract
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Negotiate the lowest possible price for you
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Adjust or modify "standard" clauses
in contract forms to favor you
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Validate listing information at town offices
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Relay to you any information that will enhance
your bargaining position
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Advise you when to cancel the contract on
a property and help you do it without loss
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Recommend competent, honest and professional
service providers, i.e., attorney, mortgage lender, home inspection
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inspector, surveyor, accountant, etc.
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Help you renegotiate the contract after the
home inspection, if appropriate
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Accompany and advise you during the final
walk through
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Promote and protect your best interests among
needed professionals - 100% of the time
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Accompany you to closing and review the HUD
Settlement Statement for accuracy
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Monitor the closing on your behalf
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Help you with concerns after closing.