ba_lat.gif
"Exclusive buyer's agents work only for consumers and often can save them money - and they don't cost more to hire... Buyer's agents are not tied to any particular property or agency, so they will show buyers any home, even those for sale by owner."

Los Angeles Times



ba_thisoldhouse.gif
"Realizing your agent isn't on your side is a little like learning there is no Santa Claus."

This Old House

Home arrow Buyers and Sellers
PDF Print E-mail

What is a Buyer's Agent?

The concept of who represents whom can be very confusing. We'll try to make it as clear as possible here. There are three types of real estate agency available to a buyer in Florida:

Non-Representative:

The real estate agency law in Florida makes a presumption of non-representation. In other words, unless you engage a licensee to represent you in a real estate transaction, you are not represented and there is no agency relationship between you and that licensee.

Transaction Broker:

The real estate agency law in 1997 created the role of transaction broker. Transaction brokers provide extremely limited representation to a buyer, seller, or both in a single real estate transaction. Transaction brokers cannot represent either buyer or seller in a fiduciary capacity. Some large firms choose to represent buyers as transaction brokers because it limits their liability. We look at transaction brokerage as another form of dual agency, where the broker can collect both sides of the commission. They just changed the name.

Single Agent or Buyer's Agent:

This is the purest form of representation for buyers. Single agents have the full fiduciary duties of dealing honestly and fairly, loyalty, confidentiality, obedience, full disclosure, and accounting for all funds. Single agency is the only form of agency that creates a client-level relationship between the buyer and real estate agent.

We choose to represent buyers only as single agents (buyer's agents). We are not salesmen. Instead, we act as consultants, advisors, and negotiators for our buyer clients. Our expertise and knowledge of the market allows us to provide unique, client-level services while protecting the financial interests and personal needs of the buyer. Our sound professional advice helps you make intelligent decisions and will likewise maximize your opportunities.

Buyers Agency Chart

Services/Duties Provided to Buyers Transaction
Broker
Buyer Agent
Arrange property showings X X
Assist with financing X X
Provide property data X X
Explain forms/agreements X X
Monitor closing details X X
Represent buyers on MLS listed properties PLUS bank properties, auctions, FSBOs, new construction   X
Prepare property value study   X
Promote and protect buyer's interest AT ALL TIMES   X
Advise the buyer even if it means pointing out reasons not to buy   X
Disclose all research about property history and liens   X
Always structure offer with buyer's best interest in mind   X
Negotiate in favor of buyer for best price and terms   X
Keep buyer's financial capabilities confidential unless authorized to disclose   X


Service Provided Transaction Broker Seller Agent Buyer Agent Traditional Company EXCLUSIVE
Buyer Agent
Works in your BEST interests at all times? CAN'T CAN'T MAYBE? MUST!
Will maintain CONFIDENTIALITY in all that you say? ??????? CAN'T MAYBE? MUST!
Will discuss property strengths & weaknesses? CAN'T CAN'T MAYBE? MUST!
Will help you determine FAIR MARKET VALUE? CAN'T CAN'T MAYBE? MUST!
Will aggressively NEGOTIATE to the best price, terms, & conditions? CAN'T CAN'T MAYBE? MUST!
Will be ACCOUNTABLE to you? CAN'T CAN'T MAYBE? MUST!