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Many change have come about in the
real estate business over the years but none quite as revolutionary as the idea
of "Buyer Agency". At one time real estate sales people were obligated legally
to work for the person selling their home as they were the one they had a
contract with and information that you thought, as a buyer you gave in
confidence, was relayed to an owner/seller and it resulted in negotiations that
were not always fair confidential and balanced. Buyers demanded and now have
the ability to hire a Real Estate firm,usually through one of their sales
representatives, to help them buy the home they want, negotiating on their
behalf to get the best possible property with a fair price and terms. A
person who will assist them in acquiring a good finance package, recommend good
home inspectors and help them find a lawyer and make the buying process as easy
and stress free as possible. The following guide reprinted from the Real Estate
Council of Ontario publication "Working with a Realtor" is included and
recommended reading for anyone thinking of buying a home. Otherwise, Just Who
is Working for You?

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| When
working with a REALTOR, it is important to understand who the realtor works
for. To whom is the REALTOR legally obligated? |
REALTOR are
governed by the legal concept of "agency." An agent is legally obligated to
look after the best interests of the pereson he or she is working for. The
agent must be loyal to that person.
A real estate company may be your agent - if you have clearly established an
agency relationship with that REALTOR. But often, you may assume such an
obligation exiists when it does not.
REALTORS believe it is important that the people they work with
understand when an agency relationship exists and when it does not - and
understand what it means. |
| In
real eastate, there are different possible forms of agency relationship:
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| 1.
Seller's Agent |
When a real estate company is a
"seller's agent," it must do what is best for the seller of a property.
A written contract, called a listing agreement, establishes seller agency. It
also explains services the company will provide, establishes a fee arrangement
for the REALTOR's servives and specifies what obligations a seller may have.
A seller's agent must tell the seller anything known about a buyer. For
instance, if a seller's agent knows a buyer is willing to offer more for a
property, that information must be shared with the seller.
Confidences a seller shares with a seller's agent must be kept confidential
from potential buyers and others.
Although confidential information about the seller cannot be discussed, a buyer
working with a seller's agent can expect fair and honest service from the
seller's agent and disclosure of pertinent information about the property.
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| 2.
Buyer's Agent |
A real estate company acting as a
"buyer's agent" must do what is best for the buyer.
A written contract, called a buyer agency agreement, establishes buyer agency.
It also explains services the company will provide, establishes a fee
arrangement for the REALTOR's services and specifies what obligations a buyer
may have.
Typically, buyers will be obliged to work exclusively with that company for a
period of time.
Confidences a buyer shares with the buyer's agent must be kept confidential.
Although confidential information about the buyer cannot be disclosed, a seller
working with a buyer's agent can expect to be treated fairly and honsetly.
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| 3.
Dual Agent |
Occasionally a real estate
company will be the agent of both the buyer and the seller. The buyer and
seller must consent to this arrangement in their listing and buyer agency
agreements. Under this "dual Agency" arrangement, the company must do what is
best for both the buyer and the seller.
Since the Company's Loyalty is divided between the buyer and the seller who
have conflicting interests, it is absolutely essential that a dual agency
agreement. This agreement specifically describes the rights and duties of
everyone involved and any limitations to those rights and duties. |
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Who's
working for you?
It is important that you understand who the REALTOR is working for. For
example, both the seller and the buyer may have their own agent which means
they each have a REALTOR who is working for them.
Or, some buyers choose to contact the seller's agent directly. Under this
arrangement the REALTOR is working for the seller, but may provide many
valuable services to the buyer.
A REALTOR working with a buyer may even be a "sub-agent" of the
seller. Under sub-agency, both the listing agent and the
co-operating agent must do what is best for the seller even though the
sub-agent may provide many valuable services to the buyer.
If the seller and the buyer have the same agent, this is dual agency and the
REALTOR is working for both the seller and buyer.
Code
of Ethics
REALTORS believe it is important that the people they work with understand
their agency relationship. That's why agency disclosure is included in a
self-imposed Code of Ethics which is administered by the Real Estate Council of
Ontario. The Code requires REALTORS to disclose in writing the nature of the
services they are providing, and encourges REALTORS to obtain written
acknowledgement of that disclosure. The Code also requires REALTORS to enter
into a written agency agreement with any sellers or buyers they are
representing.
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