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The question now comes to which kind of buyer's agent to pick; A buyer's agent from an office that takes listings (a dual agent), or a buyer's agent from a buyer's agent only office. (Often referred to as an exclusive buyer's agent.)
Note: As reported on NBC's 'TODAY' show, an agent will never introduce themselves as a dual agent. You must look at their buyer agency agreement to see if it contains the dual agent double cross or find out if their company lists homes for sale. In either case you are talking to someone who acts as a dual agent. Unfortunately, even with the agency disclosure laws, some real estate agents are still trying to hide the truth.
What the Press has to say about dual agents versus exclusive buyer's agents:
Detroit Free Press:
Buyers and sellers get less
service in a deal with dual agents because they no longer have
someone bargaining on their behalf, but the brokerage reaps a
higher profit because it keeps the whole commission.
Alan Fields from the book he
co-authored "Your New House":
"Consumers should be
aware that any buyer's agent agreement that includes a dual agency
possibility (representing both the buyer and seller) is not
acceptable."
U. S. News and World Report:
"Exclusive agencies are
the best. They remove any conflict of interest, which is the main
reason for considering a Buyer Broker in the first place."
Kiplingers Personal Finance
Magazine:
You'll get the surest
representation from a single-agency broker or an Exclusive Buyer's
Broker."
Dan Birchman, Texas Real
Estate Expert:
You have a choice of working
with a traditional Realtor who spends 90% of their time soliciting
listings and representing sellers. Or choosing an Exclusive
Buyer's Broker, who spends 100% of the time helping the home buyer
get the best house possible. Make sure you choose an Exclusive
Buyer's Broker. There is a difference.
Business Week:
To protect themselves, buyers
can retain their own exclusive representative, but be aware that a
buyer's agent who also works as a seller's agent can sometimes end
up on both sides of the deal.
National Home Buying
Institute press release:
Conflicts of interest occur
when home buyers want to buy a home that is listed with their
buyer agent's company. This situation is called the in-house sale
and according to national statistics it happens to one out of
every three home buyers. Since a real estate agent cannot legally
provide undivided loyalty to both the home buyer and home seller
at the same time, the agent must ask both buyer and seller to give
up their right to undivided loyalty by signing a disclosed dual
agency agreement. The dual agency agreement supposedly facilitates
the in-house sale and means double commissions to the only real
estate company involved in the transaction.
The tactic of baiting the
consumer with undivided loyalty and switching to dual agency may
be illegal according to the guidelines of the Federal Trade
Commission. These bait and switch tactics are proving to be costly
to home buyers...
Money Magazine:
The best buyer brokers are
so-called exclusive agents - that is, they represent buyers, never
sellers...
Mobility Magazine:
Only by using an Exclusive
Buyer's Agent can a buyer be sure all information is kept
confidential. Only an Exclusive Buyer's Agent can give the buyer
an objective, experienced opinion of the homes viewed to ensure
the buyer gets the right home, in the right location, at the right
price.
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Most Agents can't do half the things Exclusive Buyer Agents do:
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Services / Duties
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Seller Agents
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Exclusive Buyer Agents
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Arrange property showings
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Assist with financing
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Provide accurate information
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Explain forms and agreements
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Monitor closings
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Prepare a property value study and suggest an offering price
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Provide access to the entire market, both listed and unlisted inventory
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Keep your financial information and bargaining strategy confidential
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Help negotiate the best price and terms for you, the buyer
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Assist in writing and offer with your best interests in mind
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Advise the buyer even if it means pointing out reasons not to buy
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Takes no listings and can guarantee loyalty tothe buyer
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Sound good? Want more information? Contact me via allentba@aol.com or give me a call (901) 753-6400
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