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

First Time Homebuyer’s Real Estate Word for Today is Dual Agent

In a past episode of Cash Cab, an Emmy award winning television game show, a taxi full of contestants with stumped by the acronym, FSBO. This is a term often used in the real estate world to describe a person selling their home by owner (For Sale By Owner). As a REALTOR® I was a bit surprised but then I started to remember of all the times a glazed look came over a buyer’s eyes when I mentioned escrow or earnest money. These terms are also easily be confused with other real estate and mortgage terms like down payment or cash to close. Buyer confusion is totally understandable because homebuyers are not buying a house everyday.

This is only one of many terms that could possibly confuse a First Time Homebuyer so I thought a glossary of real estate terms might be helpful. For the past several weeks I am presented terms often used by REALTORS® in a series of posts for the first time homebuyer with explanations. This way you can skip buying that big “how to buy a house” book or attending that First Time Homebuyer Class and have a quick resource at your fingertips. I am continuing the series with Today’s Real Estate Term:

Dual Agent When the same broker represents both the buyer and the seller in a transaction it is Dual Agency. The term dual agent sounds a bit sinister, after all in a good spy movie a dual agent is sharing secrets and usually to the detriment of both countries and organizations involved. However in real estate there is no espionage involved. All agents must explain agency to clients before substantial real estate discussions take place.

All real estate agents work for a broker which an organization that holds their license. In a smaller company, the broker may also sell real estate and work as an agent. In fact, her/she may be the only agent in the brokerage. The important thing to understand is that every agent working for a specific broker in essence represents every buyer and seller when a contract for representation is signed. This means no agent in the brokerage can do anything to break the fiduciary duties of loyalty or confidentiality (or any other fiduciary duty).

So when an agent at a specific brokerage writes up a contract for his/her buyer for a colleague’s listing the office, that agent is no longer a buyer’s agent. It becomes a dual agency. A buyer needs to understand that he should sign a contract for representation BEFORE seeing any homes or writing up any offer. At the point of the contract, the buyer can agree to dual agency or request exclusive buyer agency. If the buyer agrees to potential dual agencies, they may choose to visit homes listed by their agent's broker. Whenever they do, their buyer's agent automatically becomes a dual agent and cannot discuss offer any strategy that would compromise the seller (and vice versa).

Copyright 2011 www.terieckholm.com

I LOVE Being a REALTOR®~~Making Homebuyers Dreams Come True!

Back in October, I was asked by Cynthia Tilghman, Realtor® Onslow County NC Home Specialist to write about why I love my profession. I put this off for quite awhile. At first, I was going to write about what my Dream job would have been...We had just returned from Disney World and had the opportunity to meet a few of the Dream Team. These are people who spent the last two years walking up to visitors at the park and making dreams come true by letting families stay over night in Cinderella's Castle or giving them a unique behind the scenes tour or other special gift.

I have to admit, as part of a family of Disney Fanatics passing out dreams at Disneyland or Walt Disney World would be the epitome of a perfect job in my book...even if it was only a two year stint (Disney's Year of a Million Dreams ends in a few weeks...sigh.)

Every day making dreams come true...THAT would be an awesome job! But as I thought more about it, I realized that what I do makes others dreams come true too...First homes. Relocations. Move up homes. I love my job because I make dreams come true...not Disney Dreams but dreams just the same.

Today. I ran across this post from earlier this year where I wrote of helping first time homebuyers find their way home. The story gives an example of how I make dreams come true...one happy homebuyer at a time.

*****Best Part of Being a REALTOR®~ Helping First Time Buyers Find Their Way Home
Originally posted 3/8/2008 by Teri Eckholm/REALTOR®

Late on a Saturday afternoon, I received a phone call. The caller said he and his fiance had just driven by a listing of mine and could I show them the inside. "Are you working with an agent?" I inquired. "No", he said. The meeting was set for the next evening.


The young man and his fiancée arrived with an entourage of parents and assorted other relatives. Being first time buyers, they wanted assistance and approval on their first home. Looking over the home from top to bottom, they liked what they saw but needed time to think. I asked the question I always ask, "When you are shopping for a home, are you shopping for a REALTOR®?" The young man's dad answered, "They don't need an agent because they could get a better deal working directly with the listing agent." I explained why this wasn't true but could tell from the look on his face, Dad was not convinced.
I explained agency and asked the young couple to sign the disclosure on agency as required by the State of Minnesota. Buyers need to understand that at any listing for my broker, I am under contract to work for the seller and protect their interests. If the couple decides to sign a buyers' representation agreement with me, they would be in a DUAL agency when looking at homes listed by my broker. They had seen many homes with other real estate agents, but I was the only agent who explained agency to them or asked them to sign the required disclosure.

Days later, a decision was made; the young couple wanted to make an offer. A contract was signed for buyers' representation for the specific home only. Dual agency now applies. As an agent working for both parties, I could not do anything that would hurt either the buyer or seller. Because it was only for the specific home, I could not discuss other property options. An offer was presented, but terms could not be agreed upon. The buyers went away.

A few weeks later the price was reduced on my listing. I called this young couple to see if the lower price would be enough to renew their interest. It would. But there was also another new construction house in a different area that was being considered.

Another showing. They were sure that they had it down to between the two homes. I could see the indecision and confusion on their faces. I asked about the other home they were considering to help them contrast it to my listing to help my selling clients and put their home in a better light. As with most homes, neither home was a perfect fit. I am a firm believer that after weighing all of the pluses and minuses, homes will sell themselves if it is the right home for the buyer. A week passed. No offer came forth.


Finally a phone call from the young man. We have made a decision. We are not going to offer again on your listing. It is not the right home for us. In fact, neither home is right. We are starting over. "Would you help us find a home?"

Now as their buyers' representative, I got to work. For the next few weeks, we visited a dozen or so homes from the hundreds currently on the MLS that met their criteria. Traveling from Stillwater to White Bear Lake and Hugo to Forest Lake we narrowed down the field of potential homes to two or three. Finally, one sparked enough interest for a second showing with the parents, but this home also had a few quirks that raised concerns. That same evening, since we were out, I set up another showing for a home in a development that hadn't considered. Funny thing was, the home was perfect!


With the perfect home, there were no delay or hesitation in signing the offer; everything just fell into place. With every visit to the home for the inspection and walk-throughs, the young couple became more excited.

At the final walk-through, with minutes to go before they were to receive the keys to their first home, I asked them, "So, are you glad that you decided to sign with a REALTOR®?"

They answered in unison a resounding, "Yes!! You made it so much easier to find the right home! Especially for first time buyers." I don't make this stuff up...Those were their exact words.


After the closing, I received a hug and sincere, "Thank you for everything", from my young clients. As they set off to begin life in their dream home a thought struck me, what a great job I have!


Do you need an expert Buyer's Representative to help you find your Dream Home? If you are buying, selling or relocating to Minnesota and need help from a professional REALTOR ®, give me a call or visit my website for a FREE Relocation Packet or Homebuyers Success Packet. 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.
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Copyright 2008 terieckholm.com