Disclaimer for Open Houses

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The Real Estate Agent At The Open House Must Be Loyal To The Seller

Many first-time and experienced home buyers begin their home search attending open houses. Figuring that attending open houses is an easy, no-obligation way to see what's on the market, potential home buyers go from open house to open house.

Such an approach may be harmless as long as you don't have any serious interest in any of the homes you see. It's when you stumble upon a property you like that the problems can start.

Many home buyers either don't understand or simply don't appreciate the significance of dealing directly with the seller's agent/broker, commonly referred to as the listing agent. A listing agent is obligated to the seller. He or she must put the seller's interests first and negotiate for the best price and terms for the seller. The same is true when you drive by a home and call the telephone number on a sign.

In addition, the seller's agent must keep confidential the seller's financial situation and thoughts regarding an acceptable sales price. The seller's agent does not have to keep confidential anything the buyer tells him or her. What might appear as harmless conversation might be giving a listing agent amunition for future negotiations

In addition to the fact that agents at open houses and answering telephones at a listing office must protect the seller's interest, it is not uncommon for new agents or part-time agents to conduct open houses or spend time answering telephones to build business, so these individuals may not be the best agents to help you with your home search.

Consumers should never assume a real estate professional works for them until they have read a signed agency disclosure form. Massachusetts and New Hampshire real estate agents and brokers must provide consumers with an agency disclosure form at their first substantive meeting.

It just makes more sense to go with a buyer agent to open houses or have that buyer agent schedule private showings of homes at times that are convenient to you. At the very least, home buyers are wise to have their buyer agent call ahead before the open house.

Know Who Your Real Estate Agent Is Working For  

Buying a Home -- Exclusive Buyer Agents and Others

Bryant Gumbel interviews consumer guru Jean Chatzky about different types of real estate agents. Learn what makes Exclusive Buyer Agents a better choice.

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The Case For Utilizing An Exclusive Buyer Agent 

Although an agent that lists property may represent a buyer, if a buyer shows interest in a property listed by their agent, the listing agent cannot provide undivided loyalty. A real estate agent may act as a dual agent, but the conflicts of interest are obvious. It certainly is not the ideal situation for a home buyer.

Home buyers are avoiding such obvious conflicts by choosing to utilize the services of an exclusive buyer broker or agent, which is a real estate professional that only represents buyers and works for an agency that does not list property for sale.

Among other things, a buyer agent provides the following services to a buyer that the seller's agent will not:

- One hundred percent buyer loyalty 100 percent of the time;

- Analyze comparative sales and provide an opinion as to the value of a property;

- Objective referrals to other necessary professionals, i.e., home inspector and attorney;

- Advise the buyer even if it means pointing out reasons not to buy;

- Disclose all research about the property;

- Negotiate the best price and terms on the buyer's behalf;

- Keep confidential the buyer's financial situation and thoughts, unless authorized to
disclose;

- Help buyer with addressing contract contingencies; and

- Negotiate the resolution of home inspection issues in favor of the buyer.

In addition, a buyer agent will do the following to help home buyers:

- Provide property listings and suggest suitable properties;

- Arrange property showings;

- Assist buyer in obtaining property information, such as a deed or tax bill;

- Explain forms;

- Attend a final walk through before closing; and

- Monitor the closing.

Best of all, a buyer agent receives the same seller-authorized commission split that is offered across the board to any agent who brings a buyer that ultimately decides to purchase a home, so most buyer agents do not collect a fee from the buyer.

Since the seller's agent is sharing a portion of the listing commission with the buyer agent, the buyer has an easy choice. He or she can work through the sellers agent, who must be loyal to the seller, and the sellers agent with keep the entire commission or work with a buyer agent, who will not charge him or her any money and remain 100 percent loyal.

Media Reports  

"Groups such as the Consumer Federation of America and AARP recommend using buyer's agents." - SmartMoney Magazine

"Many people don't realize that, unless specifically stated otherwise, brokers are legal representatives of sellers. A buyer broker, representing only the buyer, may be able to secure a better price and better terms." - Good Housekeeping

"Buyer brokers: agents that buyers can call their own ... If your real estate agent isn't a buyer broker, he works for the seller ... Buyers no longer have to fend for themselves." - U.S. News & World Report

"... without an exclusive buyer agent, there may be a question of loyalty." - Merrimack Valley Magazine

"Buyer brokers have the buyer's interests in mind. They act as a personal advocate, hunting for the right house and haggling with the seller's agent. In fact, a 1992 study by a national long distance phone company, found that 200 relocating workers who used buyer brokers paid an average of 91% of the offering price, whereas those using traditional brokers paid 96%." - Diversion Magazine for Physicians

"A conflict of interest is more likely when a real estate firm that represents sellers assigns you one of its brokers as a buyer agent. That's why many people believe an 'exclusive' buyer broker is preferable." - Business Week

Beware of Mortgage Fraud  

Protect Yourself From Mortgage Fraud

In this new web commercial from Freddie Mac, learn to spot a foreclosure scam and find out how to avoid becoming victim to home foreclosure fraud. (Follow this link for a Spanish version: www.youtube.com/watch?v=qQQJ6unRYaY)

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Find a Massachusetts Buyer Agent
An Exclusive Buyer Agent is 100 Percent Loyal 100 Percent of the Time to Home Buyers
National Association of Buyer Agents
Reasons to use an Exclusive Buyer Agent from the National Association of Buyer Agents.
Beware of Open Houses
What to consider when choosing an agent.

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Buyers Brokers Only, LLC. exclusivley represents homebuyers, providing real estate advice and legal counsel (through our lawyers' law offices) at no a... (more)

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