Real Estate Word of the Day: What is a Buyer's Agent?

Buying a home is not an every day event. The average person purchases real estate once every eight years .Whether you are a first time buyer or someone who hasn’t purchased a home for several years, sometimes a refresher on real estate terms can be very helpful. I often notice my Minneapolis/St Paul buyers (and sellers) with a glazed look on their face when certain terms come up so I thought an online real estate glossary would be helpful. The real estate term for today is:

Buyer’s Agent An individual contracted by the buyers to represent them in the purchase of their home.

When buying a house, the home is listed by a broker or company. The REALTOR® that lists the home is the listing agent for the home and is under contract with fiduciary duties to the seller. When a buyer calls on a sign or enters an open house, the information they provide is shared with the seller because the listing agent is required to disclose all information to their client.

A buyer can have their own representation when purchasing a home. They do not have to work with the listing agent. In fact, almost all of the home buyers I have worked with prefer to have their own agent working on their behalf. If a buyer signs a contract to work exclusively with a specific REALTOR® that agent will work on behalf of the buyer to get the best deal while keeping all their client's private information confidential. As a buyer’s agent, I can show my clients any listed home in the Twin Cities metro. Best of all, it doesn’t cost anything additional to retain your own real estate agent when purchasing  because the fee is paid for by the seller of the home with a shared commission.

REQUEST A FREE HOMEBUYER'S GUIDE

READY to Make YOUR Move? It IS essential to have a knowledgeable agent at your side. If you are buying, selling or relocating to Minnesota and need help from a professional REALTOR®, give me, Teri Eckholm of BOARDMAN Realty, a call at 651-336-7073 or visit my website for a FREE Home Buyer Success Guide or FREE Home Value Report. I specialize in acreage and lakeshore properties in the north and east Twin Cities metro area including Ham Lake, Lino Lakes and all communities in the Forest Lake School District! Serving Anoka, Chisago, Ramsey and Washington Counties in Minnesota.
 
Copyright 2018 terieckholm.com

Tips for First Time Home Buyers--What is Agency?

 
Planning on buying a home in 2017? My guess is you are searching online and not with a REALTOR®. Potential first time home buyers have a plethora of websites available to search for their dream home and when they find it, they want to see it immediately.  But WAIT! Before you grab your phone or tap that link to set up a showing, you need to understand AGENCY. 

Agency is the type of relationship a home buyer creates when they work with a real estate agent. In Minnesota, there are different types of relationships available to home buyers and sellers. It is important to understand these before signing a contract or purchase agreement for a home. These relationships are called “agency” relationships and carry with them legal, fiduciary duties and responsibilities for the broker as well as for the buyer and seller. 

3 Types of Agency: 

• Buyer's Agent
• Seller's Agent 
• Dual Agent

Buyer’s Agent 

A Buyer’s Agent acts solely on behalf of the buyer and owes duties to the buyer including the utmost good faith, loyalty, and fidelity. The agent will negotiate on behalf of, and act as an advocate for, the buyer. The buyer is legally responsible for the actions of the agent when that agent is acting within the scope of the agency. The agent must disclose to sellers all adverse material facts concerning the buyer’s financial ability to perform the terms of the transaction and whether the buyer intends to occupy the property. A separate written buyers’ agreement or contract is required which sets forth the duties and obligations of the parties. 

 Seller’s Agent 

A Seller’s Agent acts solely on behalf of the seller and owes duties to the seller which includes the utmost good faith, loyalty, and fidelity. The agent will negotiate on behalf of, and act as an advocate for; the seller. The seller is legally responsible for the actions of the agent when that agent is acting within the scope of the agency. The agent must disclose to buyers all adverse material facts about the property that are known by the broker. A separate written listing agreement or contract is required which sets forth the duties and obligations of the parties. 

In both buyer and seller agency, the following fiduciary duties are owed to the client: 

FIDUCIARY DUTIES 

• Loyalty 
• Obedience 
• Disclosure 
• Confidentiality 
• Reasonable Care 
• Accounting 

DUAL Agent

A dual agency is created when both the buyer and seller have signed representation agreements with the same broker. The parties may have two different salespersons or they may be the same person. All duties and obligations to the buyers and sellers remain the same in a dual agency. Because it is impossible to disclose all information AND be confidential at the same time, dual agency must be disclosed and agreed to in writing. All material facts regarding the property must be disclosed regardless of agency. 

 Why is this Important when Buying a Home? 

Every house a home buyer sees on Zillow, Realtor.com or the MLS has a written agreement or contract in place between the seller and the listing broker. If a buyer does not sign a contract and contacts the listing agent directly, the agent is under contract to share everything said with their seller. But if a home buyer signs a contract with a REALTOR® before talking with real estate agents and viewing homes, their private information stays private. 

AND the best part for MY buyers is that signing a contract does not cost anything. My commission has been negotiated to be paid at the closing by the seller. This means there is NO OUT of POCKET cost to have a REALTOR® in my experience in your corner. 

Still have a Home Buying Question?
Ask Me! I Can Help!

READY to Make YOUR Move? If you are buying, selling or relocating to Minnesota and need help from a professional REALTOR®, give me, Teri Eckholm of BOARDMAN Realty, a call or visit my website for a FREE Home Buyer Success Guide or FREE Home Value Report. I specialize in acreage and lakeshore properties in the north and east Twin Cities metro area including Ham Lake, Lino Lakes and all communities in the Forest Lake School District! Serving Anoka, Chisago, Ramsey and Washington Counties in Minnesota.

Copyright 2017 terieckholm.com

Why you really NEED a REALTOR to Buy a First Home!

Buying a first home is a very exciting time in a person's life. Whether you are coming from an apartment or a basement bedroom in your parent's house. the idea of venturing into owning real estate for the first time is quite an undertaking. With all the online shopping tool and real estate sites, a homebuyer can virtually tour many homes and even be pre-approved for a mortgage without setting foot outside your current residence. Many home buyers might question why a REALTOR® would even be required at all. Of course this course of action could work for you until want to see a home in person or write up an offer. But, did you realize that calling the listing agent of the property can put you at a HUGE negotiating disadvantage? It all comes down to understanding the concept of agency. 

In Minnesota, real estate brokers and agents are required to disclose the type of working relationship they have with parties in a real estate transaction.  Homebuyers have different types of relationships available to them.  It is important to understand these before you call a real estate agent to see a home or sign a  purchase agreement for a home.  These relationships are called  “agency” relationships and carry with them legal, fiduciary duties and responsibilities for the broker/agent as well as for buyers and sellers. 

The 3 most common agency agreements are the buyer's agent, seller's agent and dual agent. 

Buyer’s Agent 

A Buyer’s Agent acts solely on behalf of the buyer and owes duties to the buyer including the utmost good faith, loyalty, and fidelity.  The agent will negotiate on behalf of, and act as an advocate for, the buyer.  The buyer is legally responsible for the actions of the agent when that agent is acting within the scope of the agency.  The agent must disclose to sellers all adverse material facts concerning the buyer’s financial ability to perform the terms of the transaction and whether the buyer intends to occupy the property.  A separate written buyers’ agreement or contract is required which sets forth the duties and obligations of the parties.

Seller’s Agent

A Seller’s Agent acts solely on behalf of the seller and owes duties to the seller which includes the utmost good faith, loyalty, and fidelity.  The agent will negotiate on behalf of, and act as an advocate for; the seller.  The seller is legally responsible for the actions of the agent when that agent is acting within the scope of the agency.  The agent must disclose to buyers all adverse material facts about the property that are known by the broker.  A separate written listing agreement or contract is required which sets forth the duties and obligations of the parties.

In both buyer and seller agency, the following fiduciary duties are owed to the client: 

FIDUCIARY DUTIES

Loyalty

Obedience

Disclosure

Confidentiality

Reasonable Care

Accounting

DUAL Agent 

A dual agency is created when both the buyer and seller have signed representation agreements with the same broker. The parties may have two different salespersons or they may be the same person. All duties and obligations to the buyers and sellers remain the same in a dual agency.

Because it is impossible to disclose all information AND be confidential at the same time, dual agency must be disclosed and agreed to in writing.  All material facts regarding the property must be disclosed regardless of agency. 

Why is Agency Important to a Homebuyer? 

When you look for a home, every house listed on the Multiple Listing Service (MLS) has an agreement between the seller and listing broker all ready in place. If a buyer does not sign a contract and attends an open house or calls the listing agent, the nice REALTOR(R) asking all the questions about your financial ability WILL share everything you say with their seller. They are contractually obligated to do so. 

But when a buyer signs a contract with their own REALTOR® before viewing any homes, their private information stays private. 

AND the best part for MY buyers is that signing a contract does not cost ANYTHING! All fees are paid at the closing and the commission is paid for from the seller so there is NO OUT of POCKET cost to have a REALTOR® in your corner.  

Still have Homebuying Questions? Email, Call or Text me...I can help!   If you are buying, selling or relocating to Minnesota and need help from a professional REALTOR®, give me, Teri Eckholm of Boardman Realty, a call or visit my website for a FREE Home Buyer Success Guide or FREE Home Value Report. I specialize in acreage and lakeshore properties in the north and east Twin Cities metro area including Ham Lake, Lino Lakes and all communities in the Forest Lake School District. Serving Anoka, Chisago, Ramsey and Washington Counties in Minnesota.

Copyright 2015 www.terieckholm.com

What Does AGENCY mean to the First Time Homebuyer?

So you are planning to buy a home soon. Maybe you have even stopped in at an open house or two. If you did, the hosting REALTOR® may have started talking about buyer's agents and seller's agents and possibly even a dual agent. But what does agency really mean? And why should you as a Minnesota homebuyer care? 

In Minnesota, real estate brokers and salespersons are required to disclose the type of working relationship they have with the parties in a real estate transaction.  As a homebuyer, there are different types of relationships available to you.  It is important to understand these before you sign a contract or purchase agreement for a home.  These relationships are called  “agency” relationships and carry with them legal, fiduciary duties and responsibilities for the broker as well as for the buyer and seller. 

The 3 most common agency agreements are the buyer's agent, seller's agent and dual agent.

Buyer’s Agent

A Buyer’s Agent acts solely on behalf of the buyer and owes duties to the buyer including the utmost good faith, loyalty, and fidelity.  The agent will negotiate on behalf of, and act as an advocate for, the buyer.  The buyer is legally responsible for the actions of the agent when that agent is acting within the scope of the agency.  The agent must disclose to sellers all adverse material facts concerning the buyer’s financial ability to perform the terms of the transaction and whether the buyer intends to occupy the property.  A separate written buyers’ agreement or contract is required which sets forth the duties and obligations of the parties.

Seller’s Agent

A Seller’s Agent acts solely on behalf of the seller and owes duties to the seller which includes the utmost good faith, loyalty, and fidelity.  The agent will negotiate on behalf of, and act as an advocate for; the seller.  The seller is legally responsible for the actions of the agent when that agent is acting within the scope of the agency.  The agent must disclose to buyers all adverse material facts about the property that are known by the broker.  A separate written listing agreement or contract is required which sets forth the duties and obligations of the parties.

In both buyer and seller agency, the following fiduciary duties are owed to the client: 

FIDUCIARY DUTIES

Loyalty

Obedience

Disclosure

Confidentiality

Reasonable Care

Accounting

 DUAL Agent  

A dual agency is created when both the buyer and seller have signed representation agreements with the same broker. The parties may have two different salespersons or they may be the same person. All duties and obligations to the buyers and sellers remain the same in a dual agency.

Because it is impossible to disclose all information AND be confidential at the same time, dual agency must be disclosed and agreed to in writing.  All material facts regarding the property must be disclosed regardless of agency. 

Why is this so Important?

When you look for a home, every house listed on the MLS has some agreement between the seller and the listing broker. If a buyer does not sign a contract and attends an open house, the nice agent asking all the questions at the open house about your financial ability to purchase is under contract to share everything you say with their seller. 

But if a homebuyer signs a contract with a REALTOR® before viewing any homes, their private information stays private. AND the best part for MY buyers is that signing a contract does not cost anything. All fees are paid at the closing and the commission is paid for from the seller so there is NO OUT of POCKET cost to have a REALTOR® in your corner.

Copyright 2014 www.terieckholm.com