Who Represents the Buyer...? | Search the Pocono MLS for Homes at www.davemont.com |
A real estate agent represents a principal who may be either a seller or buyer. The agent has a fiduciary duty to his principal including reporting any information learned from other parties which will be to the principal's advantage. Real estate agents advertising properties for sale as seller's agents represent those owners and are obligated to get the highest price for the property. Buyer's should select an independent agent to represent them... a Buyer's Agent |
Some buyer's respond to advertisements or signs offering properties for sale and are unaware that the agent advertising the property is working for the seller, not the buyer. The seller's agent is obligated to seek the highest price for the property and reveal to the seller everything learned from inquiring buyers which would be to the seller's advantage. By the way, unless an agent is specifically committed, in writing, to represent the buyer, the agent may be acting as a sub-agent for the seller's agent which means the sub-agent is representing the seller and not the buyer!
Under Pennsylvania law, real estate agents are
required to provide a Consumer Notice to buyers and sellers before any substantive communications begin so informed choices about the business relationships available with real estate agents can be made by buyers and sellers before they reveal information that could be used to their disadvantage. But some agents may be "late" on providing the Consumer Notice. If an unwary
buyer discloses any information, it will be used to the seller's advantage.
Some real estate offices offer "buyer's agency" within their office by designating
an agent to represent the buyer if another agent in that office represents
the seller. While this is legally acceptable, buyers must recognize that
agents in the same office may have more loyalty to each other than to the
buyer. And, both have keys to the office where all confidential information
is kept. Smart buyers will select a buyer's agent to represent
them who is completely independent of the office of the seller's agent. As a "buyer's agent", I offer 100% loyalty to the buyer.
At the same time I am searching
for properties that meet the buyer's needs, buyers are also are searching
for properties. Whenever a buyer finds a property
of interest they call me instead of the seller's agent. I get details
for them the seller's agent cannot provide such as how much the present owner
paid for the property and when it was purchased. Everything I learn about
the property is revealed to the buyer. Of course, the buyer can call the
seller's agent directly to determine the asking price, number of bedrooms,
etc. if they are anxious, but the buyer will likely be required to provide
his or her name and telephone number for every seller's agent called before
receiving answers. And, be subjected to a sales pitch on other properties!
If you do call the seller's agent directly, I recommend
you tell the agent right up front that you have already selected a buyer's
agent to represent you and just want sufficient information to determine whether or not
you want to pursue the property further. The seller's agent may
offer to have another agent in the office act as your buyer's agent, but
you would be wise to decline for reasons stated earlier.
As you can gather, my work goes far beyond finding
a property for the buyer. I am a source of information
beneficial to the buyer that a seller's agent cannot provide.
I also serve as the buyer's guide throughout the purchasing process so
the buyer has some standards with which to make judgments as to the time
for legal representation, appropriate deposit amounts, and
the need for property inspections. And, that's just the tip of the iceberg
as my checklist is extensive.
Agency is not easy to understand even for some
real estate agents. I hope I have made clear all the advantages of having
a buyer's agent represent you. And, I would like to be your buyer's agent.
Thanks for wading through this important but lengthy page. I can begin searching for homes that meet your criteria upon your completion of the property description form found at Custom Search . Submitting the form creates no obligation. And, as soon as I receive the form, I will send you a special link to a search of properties meeting your requirements.
This Pocono Homes for Sale website courtesy of David Montgomery, Jr., Real Estate Broker, PA License RB-028184-A. Copyright February 1999-2016. All rights reserved.