Make Sure You Understand The Different Types of Agency

Agents Who Represent The Seller

  1. Seller's Agent
    A seller's agent works for the real estate company that lists and markets the property for the sellers, or landlords, and exclusively represents the sellers or landlords.  That means that he or she may assist the buyer or tenant in purchasing or renting the property, but his or her duty of loyalty is only to the sellers or landlords.  The seller pays the seller's agent's fee as specified in a written listing agreement.
  2. Cooperating Agent
    A cooperating agent works for a real estate company different from the company for which the seller's agent works.  The cooperating agent can assist a buyer or tenant in purchasing or renting a property, but his or her duty of loyalty is only to the sellers or landlords.  The cooperating agent's fee is paid by the sellers or landlords.

Agents Who Represent The Buyer

  1. Buyer's Agent
    A buyer's agent acts on a buyer's behalf in locating a property to buy or rent.  A buyer's agent assists the buyer in evaluating properties, preparing offers, and negotiates in the best interests of the buyer or tenant.  The buyer's agent's fee is paid by the seller, if offered in the listing agreement, or otherwise agreed upon by the buyer.

Studies:

  • Federal Trade Commission  Survey on Traditional Agency
    80% of buyers stated the selling agent played a major role in negotiating w/ the seller
    71% of buyers thought the agent represented them
    31% of buyers working with the listing agent thought the agent represented them
    73% of buyers told "their" agent the maximum price they could afford
    82% of buyers believed whatever they told "their" agent was confidential

As a result of these findings and subsequent revisions in state law/regulations, NAR, code of ethics was revised in 1993, 1994, and the current code as of January 1, 1995, to address the emergence of buyer agency.

  1. Agents must disclose to both buyers and sellers of who they represent at their first meeting.
  2. Buyers must sign an agency disclosure before they view property, disclosing who the agent represents.  This disclosure must be included with any purchase agreement.

I hope that this page has helped you understand the different ways that an agent can represent you. 


All Rights Reserved 1997-2001 Metro Realty Group, LLC
Use Or Reproduction Without Permission Prohibited