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Why Do I Need A Home Buyer's Agent?



What is t
he Role of a Real Estate Consultant - Home Buyer's Agent?

A Real Estate Consultant - Home Buyer’s Agent acts solely on behalf of the buyer and owes duties to the buyer that includes the utmost good faith, loyalty, and fidelity. The Real Estate Consultant will negotiate on behalf of and act as an advocate for the buyer.

Why use a Real Estate Buyers Representative?

Sellers' agents and dual agents do not and cannot by law give a buyer the same degree of loyalty as an agent who acts on behalf of a buyer. Sellers' agents owe their allegiance to the seller. Dual agency (where the agent represents both the buyer and the seller) invites a conflict of interest. A buyer who relies on the seller's agent or on dual agency does not receive the same degree of legal protection as that afforded by an agent acting solely on behalf of the buyer"  

 
I
n the case of SNIDER v. OKLAHOMA REAL ESTATE COMMISSION, 
June 1, 1999
the Oklahoma Supreme Court said:
 


 "Sellers' agents and dual agents do not and cannot by law give a buyer the same degree of loyalty as an agent who acts on behalf of a buyer. Sellers' agents owe their allegiance to the seller. Dual agency invites a conflict of interest. A buyer who relies on the seller's agent or on dual agency does not receive the same degree of legal protection as that afforded by an agent acting solely on behalf of the buyer"


As a consumer, how often do you buy real estate property? Once, twice, three times in your lifetime? Purchasing real estate is a complex and major transaction with many details to be handled. In the majority of cases, an agent will represent the seller. Wouldn't you want to have complete and fair representation in the real estate transaction?

The Real Estate Consultant - Buyers Agent is responsible to protect their clients' best interests. 

    

Traditional Real 
Estate Method

   Buyer's
Agent Method

The Benefits of Using a Real Estate Agent - Buyers Agent

1.     Evaluate the specific needs and wants of the buyer and locate properties that fit those specifications.

2.     Assist the buyer in determining the amount that they can afford (pre-qualify/pre-approve) and show properties in that price range and locale the consumer has determined.

3.     Assist in viewing properties and either accompany the client on the showings or preview the properties on behalf of the client to insure that the identified specifications are met.

4.     Research the selected properties to identify any problems or issues to help the buyer make an informed decision prior to making an appropriate offer on the property.

5.     Advise the client on structuring an appropriate offer to purchase the selected property.

6.     Present the offer to the seller's agent and seller on the client's behalf. Negotiate on behalf of the buyer client to help obtain the identified property. Keep in mind that the Buyer Agent will be doing so with their client's best interests in mind.

7.     Review and explain all legal documents to their buyer client.

8.     Recommendations and assistance in securing appropriate financing for the selected property.

9.     Provide a list of potential qualified vendors e.g. movers, attorneys, carpenters if the consumer needs these services.

10.  Most importantly, the buyer would know that they are fully represented throughout the real estate transaction.

Buyer Representation

You may create an Agency relationship with any agent you wish, however you will find it in your own best interest to select one agent with whom you have established trust, confidence and rapport.

Interview your prospective agent. Ask them questions, establish in your mind “if this person is listening to me and has my best interest a priority”. There is nothing complicated about selecting an agent; you just need to feel good about them. Are they competent? Do they show a caring attitude?

Here are some facts that you should be aware of regardless who you choose to represent you:

FACT: Buyers Agents work for you at their own risk.

It is hard to name any other profession whose members work on a contingency basis. Even attorneys charge by the hour except for some high-risk lawsuits. You don't pay for any services up front with an agent. That means your agent incurs the costs of doing business on your behalf until you find and close your home. 

Therefore, it's in your agent's best interest to work quickly, diligently, and use all his or her resources to help you meet your goals. Real Estate Agents are compensated for their work by commissions paid by the seller when the property closes escrow.

FACT: All Agents have access to the same Multiple Listing Service

All agents have access to the same information about properties, through "Sandicor", the San Diego County Multiple Listing Service. How they interpret or understand it is another matter.

FACT: All agents work hardest for...

...their clients that are not working with another agent. Once you have selected your agent, enter into an Agency relationship with them that will allow them to represent your best interests.

For most people, the largest investment that they will make in their lifetime is their home. Therefore it is wise to be represented when you make an offer on a home. You would not go into a court of law without representation. And you should not invest in real estate without a Buyers Agent. The legal ramifications and pitfalls can be just as costly to you.

How Does a Buyer's Agent Get Paid?

The question of who pays real estate fees is a "chicken-n-egg" debate. The seller could argue that he pays the fees because they are disbursed from the purchase price at the closing and thus he nets less. The buyer could argue the same by saying that the fees inflate the purchase price and are paid from the money she brings to the table. In truth, real estate fees are transaction costs which impact both buyers and sellers.

The seller signs a listing agreement with his agent specifying a certain fee to be paid. The agreement has provisions for splitting that fee with the agent who sells the property.

Typically the seller agrees to pay the listing agent a percentage of the home’s selling price at closing. In an effort to sell the home faster, the seller’s agent agrees to pay half of their commission to a Buyer’s Agent. If the buyer has no representation and deals directly with the seller’s agent, the seller’s agent keeps the entire commission.

Listing agents offer a co-fee to all agents regardless of whether those agents are co-operating subagents (who work for sellers) or cooperating buyer agents. Most listing agents know that professional Buyer Agents have serious, pre-approved buyers under contract who have made a commitment to purchase. Reputable listing agents encourage cooperation with Buyer Agents because it is in their seller’s best interest to do so.

Keep in mind that the source of the agent's fee does not determine whom the agent represents. The important issue is representation.

How Much Does It Cost to Use a Buyer Agent?

Since a buyer agent fee is built in to the purchase price of a home and disbursed at closing, like any other real estate fee, there is no additional cost to use a Buyers Agent. If two real estate agents are involved in the sale (co-broker) and you do not have a Buyers Agent agreement with the agent showing you the home, that agent is a “co-operating sub agent” (an agent who works for the seller) and must put the seller’s interest first which in turn creates a conflict of interest.

Studies show that professional Buyer Agents save buyers money in terms of time and negotiating power. In addition, their up front, intensive research helps to eliminate costly mistakes. Many can also arrange discounts on inspections and other real estate services for their clients.

Since a Buyers Agent specializes in selling houses rather than listing houses, a Buyer Agent will show you the entire inventory of property including the MLS, bank owned properties, and new construction. Whereas listing agents will primarily try to sell you the house they have listed for their seller.

The job of a Buyers Agent is to represent the buyer’s best interest in the real estate transaction and help the buyer make informed decisions.

Professional Buyer Agents have created a referral network of other real estate related experts who support buyer representation. They include attorneys, mortgage consultants, appraisers, engineers, architects, contractors, and home inspectors.

A Buyer’s Agent Lowers Your Risk.

When you have an agent as an advocate, you share some of the risk of home buying. Otherwise, it is buyer beware. Your Buyers Agent will assist you, advise you, and help you navigate the transaction legally and safely. Your agent will make sure you take appropriate steps to protect yourself. 

Buyers Agents Understand The Current Market.

Real estate professionals have house-by-house, street-by-street, and market-by-market experience. Their experience is invaluable and can't be learned overnight. Buyers Agents who have weathered the pendulum swing between buyers' markets and sellers' markets know that the real estate market can turn abruptly. 

Rising and falling interest rates affect the number of available homes for sale and their prices within weeks or days. All it takes is the entrance or exit of a major employer, and thousands of homes in a neighborhood can be affected. As neighborhood experts, experienced brokers and agents can help you with home buying strategies and proposals that will get the price and terms you want.

Buyers Agents have inventory.

Do you want to find a home quickly? With a Buyers Agent by your side, you will. Buyers Agents cooperate with other Real Estate Agents through an organization called the Multiple Listing Service (MLS). 

Your agent can also show you homes outside of the MLS inventory, including network pocket listings, Bank Owned Properties and new builder homes.

Buyers Agents Have Up-to-the-minute Information.

The MLS has the current broker-represented Sellers properties for sale in its database. MLS data entry can take from one to 10 days, depending on the listing agent, his or her broker, and the MLS. By the time the home is posted on the Internet, it could already be sold. Clever agents don't wait that long to find a home for their buyers; they network with each other. Your Buyers Agent will tell other agents about you and your wish list in exchange for information about upcoming homes for sale. 

That's how many homes are bought and sold in a hot seller's market, without a sign ever going into the yard. If you want to be the buyer positioned to make first and best offers on these homes, hire a Buyers agent.

Buyers Agents Understand The Complexity Of The Transaction.

Less than a decade ago, a home could be bought with a two-page contract. Now consumer-mandated seller's disclosures, environmental and structural reports, and other liabilities have turned the home transfer into a complicated minefield. Buyers Agents work with contracts daily, and can fully understand which points are harmful and beneficial to you. From helping you make a reasonable offer, to providing for the discovery and disclosure of material facts, your agent can also interpret information for you. 

If you found out the neighbor next door to the house you are buying just built a new fence, what does that mean? You won't have to replace the fence on that side for a long time. To your agent, it means something else. She or he will quickly get a survey ordered, to assure that the new fence doesn't encroach on your new property.

Buyers Agents Work for You... and the Transaction.

Your agent not only represents your interests but also works on behalf of the transaction. Does that seem like a conflict of interest? It isn't. Buyers and sellers are natural adversaries. You want to buy for the least price, and the seller wants the best price. Agents must be skilled negotiators to keep bargaining chips from turning into deal-breakers. 

As the buyer, remember that you are the one in control. You can instruct your agent how far to go in negotiations on your behalf. One day, you'll be glad your agent talked you out of walking away because the seller wouldn't leave the chandelier.

And…you'll soon be in the home of your dreams!


Buyer Agency with “The Lease Purchase Solutions Team”

Buyer agency with us will entitle you to the fiduciary client-level services that include:

  • Loyalty
  • Disclosure
  • Confidentiality

As a buyer’s agent, The Lease Purchase Solutions Team will represent you and your interests in the purchase of your home. This is different from a typical sub-agency transaction where the buyer is not technically represented.

Here’s what The Lease Purchase Solutions Team will do for you...

  1. Explain the financing process and recommend a mortgage lender for home loan pre-approval.
        Very few offers are accepted without a buyer first being pre-approved.

  2. Provide counseling on market conditions & the process of buying a home.

  3. Provide you exposure to the entire market.
        Every property listed for sale that matches your home buying criteria.

  4. Provide expert advice during home viewings.

  5. Prepare an offer and negotiate on your behalf.

  6. Ensure that all of your contractual obligations are fulfilled for your protection.


Benefit to the buyer

  1. Total commitment from The Lease Purchase Solutions Team.

  2. Maximum effort by a leading team.

  3. Best possible protection of your interests.

  4. Save money by (a) seeing homes before other buyers, (b) getting a mortgage that best fits your needs & situation & (c) receiving expert negotiation advice and service.

  5. Maintain your privacy and confidentiality.

  6. Have an entire team working for you and your family, not just one agent.


Benefit to The
Lease Purchase Solutions Team

  1. They’ll have your loyalty.

  2. You’ll be financially qualified and have a good understanding of the home buying process.

  3. They’ll have peace of mind, knowing everyone is working towards a common goal.

  4. They’ll be able to offer more services.

Looking at property can be fun, so do it with someone who wants to make it a pleasant experience for you.

"Work with a Real Estate Consultant that will sell you the house you want…not the house they want you to buy."





La Jolla Real Estate
Direct Office: 858-272-5510
Personal FAX: 858-272-6135
Email: gmay@san.rr.com 
Gar C. May, Broker/Realtor® 1357 Hornblend St. San Diego, Ca 92109

Copyright © 2005 Lease Purchase Solutions, Ltd., All Rights Reserved
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