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The Benefits of Buyer Agency

  • First and foremost, we represent your interests only, not the interests of the homeowner
     
  • We have access to all homes for sale (MLS, Exclusives, FSBO)
     
  • Buyer Agency saves you time and money by having the homes you are interested in previewed by your agent
     
  • We point out the strengths and weaknesses of the desired property
     
  • We tell you if we think the house is overpriced
     
  • We analyze current market data to determine an appropriate offering price
     
  • We apply our negotiating skills for your benefit to get your home at the appropriate purchase price
     
  • We keep your negotiating strategy in strict confidence 

 

  • We prepare the sales documents with your best interests in mind
     
  • We co-ordinate the interdisciplinary professionals involved in the home buying process (Attorneys, Mortgage Officers, Engineers, Seller Agents)


How Buyer Agents Get Paid

Will hiring a buyer broker cost me more money?

In a standard real estate transaction, it doesn't cost a home buyer any more to use a buyer broker than it would if they used any broker to assist in locating the right home. The only difference is the buyer assumes the responsibility for the commission due to the buyer broker.

Who really pays the real estate broker?

Whether a real estate broker represents the buyer or seller, there is always a brokerage fee paid from a real estate transaction when a broker is involved. The question of who pays the real estate brokerage fees is a matter of how one looks at a real estate transaction and the terms of the contracts involved between the parties.

Leading real estate industry trade associations report that the vast majority of real estate transactions in the United States involve the use of at least one brokerage firm, but more often than not there are two brokerage firms involved. One broker usually works for the seller; the other broker works with the buyer. In the case of two brokers being involved in the same transaction, both brokers typically share the commission in the form of a "co-fee" or "cooperating broker fee." This co-fee is defined in a real estate listing agreement and/or buyer agency agreement prior to the transaction taking place, and may be regulated by the local (MLS) Multiple Listing Service in which the brokerages participate. Because the brokers share the transaction commission, there is no additional cost to either the buyer or seller for using their own individual broker.

Understanding that real estate involves both a buyer and a seller, there are always two sides to every real estate transaction

Looking at a transaction from the Buyer’s side:
A buyer is the person who brings the money to the closing table. In a typical real estate transaction involving one or more brokers, the buyer pays a total acquisition cost to buy the property. This is known as the "gross" purchase price. The gross purchase price includes the seller’s net proceeds and the brokerage commission. Thus, from the buyer’s point of view, the buyer is financing both the seller’s money and the brokerage commission in a total gross purchase price. In the case of two brokers being involved in the purchase, both brokers get paid a piece of the agreed upon brokerage commission that is clearly defined in the purchase and sale agreement.

Looking at a transaction from the Seller’s side:
A seller brings the product to the closing table. In a typical real estate transaction involving one or more brokers, the seller never actually keeps the full amount of "gross" sale price. Instead, the seller keeps a "net" amount after the brokerage commission is paid. Thus, from the seller’s point of view, the seller is paying the brokerage commission from the seller’s gross sale price. As described above, when two brokers are involved in the purchase, both brokers get paid a piece of the agreed upon brokerage commission that is clearly defined in the purchase and sale agreement.

No matter whether a broker works for the buyer or seller, you can see that the question of who pays the brokerage commission is a matter of opinion and interpretation. Most experts agree that the simplest way of looking at a real estate brokerage transaction is by looking at it as simple arithmetic.

What makes a Buyer's total purchase price:

Seller’s "Net" Proceeds

+

Real Estate Brokerage Commissions

=

Buyer’s "Gross" Acquisition Cost of Ownership

Summary

With the majority of real estate transactions involving professional real estate brokers, buyers should employ their own exclusive buyer agent to assist them in locating, evaluating and negotiating real estate, without the fear of additional fees needing to be paid for buyer brokerage services. Remember that unless you specifically employ a broker to work for you by signing a buyer agency employment agreement, all brokers and salespeople represent the seller.

Duties of a Real Estate Agent

A real estate broker who becomes an agent of a seller or buyer is deemed to be a fiduciary. Other examples of fiduciaries are trustees, executors, and guardians.

As a fiduciary, a real estate broker is held by law to owe specific duties to his/her principal (the person who they are representing), in addition to duties or obligations set forth in a listing agreement, buyer representation agreement, or other contract of employment. Subagents of the broker also owe the same fiduciary duties to the broker's principal. These specific fiduciary duties include: 

  • Loyalty

  • Obedience

  • Disclosure

  • Confidentiality

  • Reasonable care and diligence

  • Accounting

     

Loyalty
One of the most fundamental fiduciary duties an agent owes to the principal. The duty obligates a real estate broker to act at all times, solely in the best interests of the principal, excluding all other interests, including that of the broker. 

An example of breach of loyalty is when a broker purchases a property listed with his/her firm, and immediately resells it at a profit. Such conduct is usually considered appropriate and lawful by persons who act at arms length, but a fiduciary would be considered to have stolen an opportunity for profit that rightfully belongs to the principal.

Obedience
An agent is obligated to promptly and efficiently obey all lawful instructions of his/her principal that conform to the purpose of the agency relationship. However, the duty does not include an obligation to obey unlawful instructions, such as instructions to not market a property to minorities or to misrepresent the condition of a property.

 

Disclosure
An agent must disclose to the principal all known relevant and material information that pertains to the scope of the agency. The duty includes any facts affecting the value or desirability of the property, as well as any other relevant information pertaining to the transaction, such as the other party's bargaining position, the identity of all potential purchasers, information concerning the ability or willingness of the buyer to offer a higher price, any intent to subdivide or resell the property for a profit.

An agent's duty of disclosure to his/her principal must not be confused with a real estate broker's duty to disclose any known material facts about the property value to non-principals. The duty to disclose known material facts is based on a real estate broker's duty to treat all persons honestly. The duty of honesty does not depend on the existence of an agency relationship.

Confidentiality
An agent is obligated to safeguard his/her principal's lawful confidences and secrets. Therefore, a real estate broker must keep confidential any information that may weaken a principal's bargaining position. The duty of confidentiality precludes a broker who represents a seller from disclosing to a buyer that the seller can, or must, sell a property below the listed price. Conversely, a broker who represents a buyer is prohibited from disclosing to a seller that the buyer can, or will, pay more than what has been offered for a property. 

The duty of confidentiality does not include an obligation by a broker who represents a seller to withhold known material facts about the condition of the seller's property from the buyer, or to misrepresent the property's condition. To do so constitutes misrepresentation and imposes liability on both the broker and the seller.

Reasonable care and diligence
An agent is obligated to use reasonable care and diligence when pursuing the principal's affairs. The standard of care expected of a buyer's or seller's real estate broker is that of a competent real estate professional. By reason of his/her license, a broker is considered to have skill and expertise in real estate matters superior to that of the average person. 

As an agent who represents others in their real estate dealings, a broker or salesperson is under a duty to use superior skill and knowledge while pursuing the principal's affairs. However, no broker is expected to perform tasks or know information outside the scope of his/her real estate license. Real estate licensees are not expected to perform services normally provided by engineers, lawyers, accountants, or other professionals. If concerns arise outside the scope of a broker's responsibility, the broker should acknowledge that and suggest that the principal seek assistance from a reliable outside source.

Accounting
An agent is obligated to account for all money or property that belongs to his/her principal entrusted to that agent. The duty compels a real estate broker to safeguard any money, deeds, or other documents entrusted to them relative to their client's transactions of affairs.

 

 

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Landmark Realty of Long Island, Inc.
6347 Route 25A, Wading River , New York 11792
Phone:(631) 929-3600