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Should I Work With
A Buyer's Agent? A Seller's Agent?
A Dual Agent?
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.
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