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You should understand
from the beginning of your relationship
with your real estate agent what type of
relationship exists. In most states,
real estate agents (both brokers and
sales associates alike) are required by
law to let consumers know whether they
represent the buyer or the seller.
In the past, real
estate agents represented the seller
exclusively, whether the agent helped a
seller to market and sell the home or
helped a buyer find and purchase the
home. In other words, agents were at one
time legally bound to represent the
seller in a residential real estate
transaction. In that same scenario, the
seller paid both the listing agent and
the agent who brought the buyer.
However, in today's
real estate market, you may find that
you can choose between a wide variety of
options for representation. If you want
to sell a home, you can work with a
"seller's agent". If you are purchasing
a home, you can work with a subagent of
the seller's agent and, in many areas,
you can engage an exclusive "buyer's
agent".
An additional
situation in some states is dual agency.
This type of agency exists when the
buyer decides to have the seller's agent
prepare the offer on the buyer's behalf.
A buyer who elects this situation, and
all additional parties to a transaction,
should receive full disclosure of
representation. In some states, dual
agency also affects the real estate
professional's fiduciary
responsibilities to the seller.
Keep in mind that real
estate laws differ from state to state
and even from locale to locale. And
within this framework of variety, laws
can change. For more in-depth answers
for your specific situation, talk with a
knowledgeable real estate professional
and ask about local practices. Be sure
that you understand and are comfortable
with the options involved when you
engage the services of a real estate
agent. |