Home buyers should be able to expect loyalty and confidentiality from a buyer's
agent.
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The agent should promote your
best interests and provide you with all available facts that could influence
your decision about making an offer for a home.
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A buyer's agent will offer
research materials that help you make a realistic offer.
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A buyer's agent should give
you the "what if" scenarios about the clauses in a contract. The agent may
recommend additional contract contingencies to protect your interests. A
buyer's agent should track and handle many of the day-to-day needs required
to get to closing (such as inspections, helping you find a lender, tracking
the progress of the loan, working with the closing attorney or agent).
Your Contract with the Agent
An exclusive buyer agency agreement normally ties you to one agent. That
means in some cases you may owe the agent a commission even if you switch to
another agent or agency.
A non exclusive buyer agency lets you have multiple buyer agents without
altering standard contracts, but some agents won't work in that capacity.
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The contract should cover a
specific time period agreeable to both parties.
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The agreement should be in
writing. It should outline the expectations of both the buyer and the real
estate agent.
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The agreement can be
far-reaching or cover listings only in a specific geographical area.
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The contract should address
agent compensation. Buyer's agents are usually paid a portion of the
seller's commission at closing, but not always. Ask how agents are paid in
your area. What if you buy a for sale by owner property? Will you pay the
agent's commission? If not, get it in writing now.
A buyer agency agreement is a binding contract. Be sure you understand every
aspect of it before you sign.
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When You Contact an Agent
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Verify that the agent can
work as a buyer's agent.
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Ask the agent to explain the
services you can expect if you make her your buyer's agent.
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Ask for a blank copy of the
buyer agency contract and take a day or two to study it. If some aspects of
the contract concern you, ask the agent to delete or alter them.
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Find out how dual agency is
handled.
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Don't let anyone pressure you
into signing an agreement that doesn't feel right.
The Bottom Line
Don't sign a buyer agency agreement until you know the agent is the right one
for your needs. Some states allow agents to initially work under an oral buyer
agency agreement, but you'll usually need to put it in writing before making an
offer.
An alternative is to allow the agent to work as a seller's agent until you
feel comfortable signing an agreement. Do not disclose confidential information
to a seller's agent.