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When buying or selling real estate, you may find it helpful to have a real estate agent assist you. Real estate agents can provide you with many useful services and work with you in different ways.
In some real estate transactions, the agents work for the seller. In others, the seller and buyer may each have agents. And sometimes, the same agents work for both the buyer and the seller. To make the best decisions, you need to know whether an agent is working for you as your agent or simply working with you while acting as an agent of the other party.
This page addresses the various types of working relationships that may be available to you. It should help you decide which relationship you want to have with your real estate agent. It will also give you useful information about the various services real estate agents can provide buyers and sellers, and it will help explain how real estate agents are paid.
Learn more here: https://www.ncrec.gov/Brochures/WWREABrochure.pdf
If you are considering the sale of your real estate, we highly recommend listing your property with our real estate firm. Upon deciding to do so, you will enter into a comprehensive listing agreement that authorizes our firm and its proficient agents to serve as your dedicated seller's representatives in all interactions with potential buyers.
Additionally, we may be approached to permit agents from other firms to assist in identifying a suitable buyer for your property.
Before endorsing the listing agreement, it is important that you thoroughly review and comprehend its contents.
Responsibilities to Seller:
Under the listing agreement, our firm and its agents commit to:
Upon execution of the listing agreement, our firm and its agents are bound by confidentiality requirements. No confidential information about you will be shared with prospective buyers or their agents without your explicit permission. We strongly advise refraining from disclosing sensitive information to the listing agent until the listing agreement is officially signed.
Services and Compensation:
In pursuit of facilitating the sale of your property, our firm and its agents extend an array of services, including:
For the service of representing you and facilitating the sale of your property, a sales commission fee will be applicable. The listing agreement explicitly specifies the amount or method for determining the commission or fee and outlines whether you authorize our firm to share this commission with agents representing the buyer.
We encourage you to engage in this process with confidence, secure in the knowledge that our dedicated team is committed to ensuring a smooth and successful real estate transaction.
When engaging the services of our real estate firm and its agents as your representatives, certain responsibilities are upheld to ensure your interests are paramount. Our commitment to you includes:
Advocacy of Your Best Interests: Our commitment is to champion your best interests throughout the real estate transaction.
Unwavering Loyalty: We pledge undivided loyalty to you, ensuring that your needs and preferences guide our actions.
Adherence to Legal Instructions: Your lawful instructions are followed, providing you with a seamless and compliant experience.
Transparent Disclosure: We are committed to furnishing you with all pertinent information that could impact your decision-making process.
Exemplary Skill and Diligence: Employing reasonable skill, care, and diligence, we navigate the complexities of the real estate process on your behalf.
Accurate Financial Accountability: Every monetary transaction on your behalf is meticulously accounted for, fostering trust and transparency.
Upon your agreement, for our firm and agents to act as your buyer's agent, confidentiality is maintained. We do not disclose any confidential information about you to sellers or their agents without your explicit consent. It is advisable to refrain from sharing information with your agent that you would not wish sellers to be privy to until a formal agreement is established.
Unwritten Agreements:
To ensure clarity in our relationship and the scope of services provided, it is recommended to have a written agreement. While some firms may provide representation without a written agreement initially, making an offer on a property requires a formal agency agreement. Failure to sign it relinquishes our ability to represent you, and confidentiality is no longer guaranteed. In the event you proceed with another agent from a different firm, the initial agent may seek compensation from that firm.
Before signing any agency agreement, it is imperative to thoroughly read and comprehend its terms.
Services and Compensation:
Whether through a formal written agreement or an informal arrangement, our buyer's agents are committed to providing a range of services, including property search assistance, financing arrangement, and comprehensive property information. Compensation for our services can take various forms, such as direct payment from you, seeking compensation from the seller or listing agent, or a combination thereof. Before making an offer, ensure that the compensation terms are clearly outlined in a buyer agency agreement, and take the time to understand these provisions fully.
In certain scenarios, you may opt to have an agent or firm represent both you and the seller simultaneously, creating a "dual agency relationship." This typically arises when your interest is directed towards a property listed by your buyer's agent or the agent's firm. If this situation arises and you haven't previously consented to a dual agency relationship in your buyer agency agreement (whether written or oral), your buyer's agent will request you to sign a separate agreement, granting permission to act as an agent for both you and the seller.
Navigating the interests of both the buyer and seller as a dual agent can pose challenges. However, it is essential for a dual agent to treat both parties impartially and equitably. Despite owing both parties the same duties, buyers and sellers have the option to restrict dual agents from disclosing specific confidential information to the opposing party.
If you opt for the "dual agency" route, it's crucial to recognize that the loyalty of a dual agent is divided between parties with potentially conflicting interests. Therefore, establishing a clear understanding of your relationship with the dual agent and the specific role the agent will play in the transaction is paramount. This clarity is best achieved by formalizing the agreement in writing at the earliest possible stage.
Certain firms extend a variation of the dual agency known as "designated agency," wherein one agent within the firm represents the seller, and a separate agent represents the buyer. In instances where this option is offered, it aims to afford each "designated agent" the opportunity to more comprehensively advocate for the interests of their respective parties.
Engaging with a Real Estate Agent:
In the event that the real estate agent or firm you contact does not offer buyer agency services, or if you choose not to have them act as your buyer agent, collaboration is still possible. However, it's important to note that in this scenario, they will function as the seller's agent or subagent. While they can assist you in finding and purchasing a property, providing services akin to those of a buyer's agent, it's essential to recognize that their primary allegiance lies with the seller.
Despite acting as the seller's agent, they are obligated to treat you fairly and disclose any "material facts" about properties, such as structural issues. However, their ultimate goal is to secure the best possible prices and terms for the seller. Additionally, a seller's agent is obliged to share any information about you, including personal, financial, or confidential details, that could benefit the seller in the property sale.
Before divulging any information, agents must provide written disclosure if they are representing the seller. Until you confirm that an agent is not a seller's agent, exercise caution in sharing details that you may not wish the seller to be privy to.
We offer the highest level of expertise and service with integrity.