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Free Buyer Representation Buyer Agency, The Most Widely Misunderstood Service In Real Estate Today

Buyer Agency is probably the most misunderstood real estate service available to today's homebuyer. It is essential that every homebuyer understands "agency" relationships and how those relationships affect their home buying process. Lack of knowledge in this one area alone could cost you thousands of dollars and will definitely hamper your contractual abilities to a fair and equitable transaction.

The History of Agency Relationships in Real Estate

Prior to 1993 all real estate agents were bound under the common laws of "seller" agency to protect the seller in every transaction. Though the agent helped the buyer look for homes, find a mortgage, and guide them through the contractual process- he/she was at all times bound to the duties of agency as it pertained to the seller.

The old agency law recognized all real estate agents as either agents or sub-agents to the seller. This was mainly due to the fact that:

1.       This was the traditional way the real estate profession operated, and
2.
       The seller was responsible for all the commission dollars so it seemed only appropriate to have total representation.

What Caused the Change in Local Agency Laws?

The number one problem that arose from "seller agency" was the fact that disclosure was not prevalent. In other words the buyer not only knew nothing about the property he/she was buying, other than what the seller's agent wanted them to know, but they also didn't realize that "their" real estate agent was really working towards the seller's interests. As a result, many legal cases and lawsuits were brought about due to the fact that the buyer was misinformed about the relationships in the real estate transaction.

In an effort to alleviate the "the buyer beware" structure of the real estate transaction two major changes came about:

      1.       Agency Disclosure and Buyer Agency, and
      2.    
      Sellers disclosures

       

 
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