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The
Role of a Buyer’s Agent
In Indiana, prior to
July 1993, the "policy of agency" (who an agent represents) was
that both the listing agent and the selling agent represented the seller
(who paid the commission). Today, the listing agent represents the seller,
and the buyer's agent represents the buyer. Buyers have their
interests being represented! Sellers still pay the
commission but it is paid to the brokerage firm of the listing agent. That
brokerage firm in turn pays a part of the received commission to the
brokerage firm of the Buyer's agent. The individual agent is then paid on
whatever level has been agreed upon in their office contract.
Agents represent the
individual with whom the agent is working, either the seller or the buyer,
or both if the situation arises wherein the listing is one that is listed
by the buyer's agent or the Principal or Managing Broker of the office.
This is called Limited Agency. In such a case, the agent pledges
fairness and honesty to both parties.
In addition, if limited agency arises, the agent shall not disclose
the following without the informed consent, in writing, of both Seller and
Buyer:
1.
Any material or confidential information, except adverse material
facts or risks actually known by agent concerning the physical condition
of the Property and facts required by statute, rule, or regulation to be
disclosed and that could not be discovered by a reasonable and timely
inspection of the Property by the parties.
2.
That a Buyer will pay more that the offered price for the Property.
3.
That the Seller will accept less that the listed price for the
Property.
4.
Other terms that would create a contractual advantage for one party
over another party.
5.
What motivates a party to buy or sell the Property.
Standards of
Care – What we owe our Clients
(OLD CAR)
Obedience
Loyalty
Disclosure
Confidentiality
Accounting
Reasonable
Care &
Skill
Benefit
to the Buyer:
-
Total
commitment to the Buyer
-
Maximum
effort on their behalf
-
Exposure
to the entire market
-
Confidentiality
-
Disclosure
and loyalty
-
Track
record of successful negotiations
-
Privacy
for the Buyer
-
Strongest
possible protection of the Buyer's interests
-
Mortgage
financing
- Buyers will save money since
we will be fighting to protect their interests
Benefit
to the Agent:
- Buyer loyalty
- More qualified Buyer
- More educated (to the marketplace) Buyer
- Peace of mind, less conflict of interest
- Ability to offer more
services
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