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All
states require that real estate agents be licensed, and
most recognize four types of real estate agents, all of
whom offer different, and often conflicting, services. These
four types of agents are listed and described below. No
states, however, require that licensed agents be members
of the National Association of REALTORS® (NAR)*. Only
members of the NAR can display the REALTOR®
* logo on their business cards or other advertising
materials.
Buyers' Agents represent the buyer - - - never
sellers. A Buyers' Agent's total focus should be on assisting
the buyer in getting the best price and the best terms for
the buyer. By utilizing the services of a Buyers' Agent,
all area homes are available to homebuyers without bias,
including Multiple Listing Service (MLS) properties,
those offered "For Sale By Owner" and new construction
by homebuilders - - - even those in developments with their
own sales office. Buyer's Resource International
reports that Buyers' Agency "has resulted in an average
of over 5% savings and greater satisfaction for homebuyers."
While most do not, some Buyers' Agents may require clients
to sign a Buyers' Agency Agreement. It is up to the
buyer to determine whether or not such an agreement is in
his or her best interests.
Sellers' Agents list property, and always
represent the seller. Sellers' Agents are legally obligated
to get the highest price and best terms for the seller.
If you are selling a home, you might want to insist that
the agent represents you as a Sellers' Agent only. Almost
all Sellers' Agents require sellers to sign a Listing
Agreement authorizing their firm and other firm agents
to represent sellers in dealings with buyers. Because they
represent sellers exclusively, Sellers' Agents are required
to share any information they have regarding a prospective
buyer, such as financial or personal data, which could potentially
increase the cost of a home to a buyer. A buyer should,
therefore be very careful what information he/she shares
with a Sellers' Agent.
Dual Agents are real estate agents whose company
lists property for sale, but can say they represent buyers
on those particular properties. Because a Dual Agent represents
both the buyer and the seller equally, this agency
relationship can result in the overlapping of responsibilities,
and buyers and sellers alike should consider the ramifications
carefully before utilizing such services. Should a buyer
or seller choose a Dual Agent, it is especially important
that a clear understanding be had up front as to their relationship
and the services to be provided by the agent.
Designated Agency - Some states and some firms allow
what is known as Designated Agents, where one agent
in the firm represents the seller and another agent represents
the buyer. In this case, neither agent shares in the other
agent's commission earnings. This option, when available,
may allow each Designated Agent to more fully represent
each party. |
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* The term REALTOR® is
a registered trademark of the National Association of REALTORS®.
RealEstate-Referral.net is not affiliated with the National Association of REALTORS®.
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