Dual Agency (one agent working in the interest of two (buyer and seller) clients) creates an obvious conflict of interest, the dual agent must divide their loyalty between two clients equally. The duty of confidentialty to the seller is compromised by the duty of full disclosure to the buyer and vice versa. |
When a Home Buyer Calls the Number on the Yard Sign . .
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. . the brokerage company’s duty of full disclosure to the seller-client means that the brokerage has a duty to tell the seller all of the information learned from the Home Buyer that might enhance the seller’s negotiating position. Avoid Buyer Errors!
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Call us instead and YOU will find out ALL of the same information from us, without hurting your negotiating position. We can often find out more from the listing agent, due to our experience, giving YOU more information that typically enhances YOUR negotiating position. We have no duty to the seller. Therefore, we are not obligated to enhance his/her negotiating position. We are here to help YOU and negotiate in YOUR best interest only.
. . the brokerage company’s duty of undivided loyalty to the seller means the agent must keep the home buyer focused on that single listing. That serves the seller's best interest, unless the Home Buyer can't afford or rejects that particular property.
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Call us instead and YOU are guaranteed representation because we focus on what's in YOUR best interest. We focus on YOUR wants, needs, timelines, purchase price and show YOU ALL available listings that meet YOUR criteria.
. . the brokerage can provide a CMA (comparative market analysis) to the Home Buyer, but only if it supports the seller's asking price and negotiating position.
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Call us instead and YOU will recieve an unbiased CMA on every house that YOU want to make an offer on, BEFORE we write the offer. We show YOU all compariables that we find, more often than not saving YOU money.
. . the brokerage can only disclose material facts about the property. An example of a material fact would be a leaky roof. However, the brokerage will not address any non-material facts unless the Home Buyer asks direct questions about a negative aspect.
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Call us instead and YOU will receive assistance in making an objective evaluation of the property, including both positive and negative aspects of issues that are not material facts, to the extent of our knowledge and expertise.
. . the brokerage can not give details about the seller’s motivations to sell, financial position, previous negotiations, or any other information that may aid the Home Buyer's negotiating position, unless the seller agrees otherwise.
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In House / Model Home Sales Factoids for Home Buyers
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Home Buyers believe that they will get a "better deal" if they call the builder direct and/or if they use the in-house sales representative or listing agent. The in-house sales representative can be a licensed real estate agent or not, if not they do not have to abide by the laws that govern agents.
Home Buyers will walk into an open house as a customer and "give away the bank", thinking they can get a great deal and that they will be treated fairly. Unless there is a truebuyers agent in that open house or model home, then that sales representative is working in the seller's/builder's best interest. Ask the agent if they EVER list properties.
The sales representative (unless it is a true buyers agent sitting in a model) Why Hire a Professional? usually has a long standing relationship with the builder. Many times they have worked hand in hand for years, they are listing that entire subdivision and other subdivisons for the builder.
Why would that person or agent work in the Home Buyers best interest if they are basically guaranteed income by working in the builders best interest?
The builder has to make money to keep building right? The builder keeps building which provides more houses for that agent to sell. The representative gets their bread and butter by making the builder happy, which means selling his/her homes in a timely manner.
Rarely will a Home Buyer get any better deal going through those guys. More often, they find themselves in a situation that has them scratching their heads wondering how in the world, why me, and what do I do now?
Unlock the Secrets to Successful Home Buying!
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