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You should understand from the beginning
of your relationship with your real estate agent what type of
relationship exists. In most states, real estate agents (both brokers
and sales associates alike) are required by law to let consumers know
whether they represent the buyer or the seller.
In the past, real estate agents
represented the seller exclusively, whether the agent helped a seller to
market and sell the home or helped a buyer find and purchase the home.
In other words, agents were at one time legally bound to represent the
seller in a residential real estate transaction. In that same scenario,
the seller paid both the listing agent and the agent who brought the
buyer.
However, in today's real estate market,
you may find that you can choose between a wide variety of options for
representation. If you want to sell a home, you can work with a
"seller's agent". If you are purchasing a home, you can work with a
subagent of the seller's agent and, in many areas, you can engage an
exclusive "buyer's agent".
An additional situation in some states is
dual agency. This type of agency exists when the buyer decides to have
the seller's agent prepare the offer on the buyer's behalf. A buyer who
elects this situation, and all additional parties to a transaction,
should receive full disclosure of representation. In some states, dual
agency also affects the real estate professional's fiduciary
responsibilities to the seller.
Keep in mind that real estate laws differ
from state to state and even from locale to locale. And within this
framework of variety, laws can change. For more in-depth answers for
your specific situation, talk with a knowledgeable real estate
professional and ask about local practices. Be sure that you understand
and are comfortable with the options involved when you engage the
services of a real estate agent.
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