Understanding Agency Relationships Between Real Estate Clients and Customers

You'd probably wonder what agency relationshipstransactions through other agencies in parts of the
might have to do with you, regarding buying or sellingstate that are not mentioned in the contract. This
real estate. Most people are unaware of theMUST be clear in the contract unless a buyer wants
importance of these types of relationships, unlesstheir agent to represent them for the entire state of
they do a lot of buying and selling of real estate andMichigan.The advantages of using a buyers agent are
have become educated in the importance of knowinggreat. Services that are provided to a Buyer-Client
what side your agent is on. Yours or theirs?In aare as follows:Pays full attention to the Buyer's
traditional real estate setting here in MichiganNeeds.
(especially up here in the more northern areas), mostTell the buyer all that is learned about the seller.
agents are representing the seller and NOT theFocuses on expanding the range of choices to
buyer. That's right! When you walk into a traditionalsatisfy the buyer's needs.
real estate office, in most cases that agent isFind the best property for the client.
working for the seller, even if the house is listed byPromote the buyer's search.
another real estate company.There have been manyFirst opportunity to view new listings.
changes over the course of the last several yearsAll properties are available and viewable, and the
which have often made agency relationships evensales price is negotiable.
more confusing, but in most respects it has been anGive advice with FACTS.
improvement, causing a change for the better. OfEducate the buyer. Compare competing properties.
course, in my opinion, there is still room forNegotiate on behalf of the buyer.
improvement and clarification on this subject. EvenStrengthen the buyer-client's negotiating position.
many real estate agents are confused about thisShare all known information about the seller.
issue. I see it time and time again when talking withProvide price counseling for the buyer-client.
other agents in classes that I've attended. It'sNegotiate approved purchase agreement to
amazing how often this subject comes up in realsafeguard buyer-clients.
estate classes.Let me take a moment to explain ofSuggest financing alternatives that may be to the
differences in agency relationships and how they maybuyer's best interest.
affect you in a real estate transaction.In a traditionalContinue services to the buyer-client during
setting, an agent represents the seller or is a subnegotiations.
agent for the seller. In this setting, when a home isAttempt to solve problems to the buyer-client's
listed by a real estate company, that companysatisfaction.Confused yet? There's more!Now, just
automatically represents that seller, because theywhen you thought you were understanding things a
have a signed exclusive right to sell contract withlittle better, we throw Designated Agency into the
that party. That company and it's agents have themix! This is also fairly new for the entire state of
fiduciary responsibility to represent the best interestsMichigan. A few offices in this area currently practice
of that seller. However, a sub agent to a seller is anthis type of agency, but most stick with the more
agent who is representing a seller that has their realtraditional Sellers and Buyers agency relationships.A
estate listed by another real estate company. TheseDesignated Agent is the party selected to represent
agents have the same fiduciary responsibility to aa principle/client in a designated agency office.
seller, that the listing company does.When a buyer isDesignated agency has been legislatively created in
working with a sellers agent, it is important to keepmany states, allowing the management of a
personal information that they'd like to keepbrokerage to establish a office policy, whereby the
confidential to themselves. For instance, maybe amanaging broker appoints or designates a licencee
buyer wouldn't want to share the total amount theyassociated with that brokerage to act as an
are approved for at the bank, or what their top lineexclusive agent of a principle/client, buyer or seller. No
price is for a home they are interested in purchasing.other licencee in the brokerage has an agency
If they disclose this information to a "Sellers Agent"relationship to represent that principle/client.Ok... so
that agent has the fiduciary responsibility to sharewhat the heck does that mean? Basically, an office
that type of information with that seller. A sellerswill choose to be a designated agency or traditional
agent is limited to what services they can provide toagency office. They can't do both, (meaning that
a buyer.So, how does a buyer protect themselves?they can't use traditional agency mixed with
Hire a Buyers Agent of course!This is still a fairly newdesignated within a brokerage). When a agent is
practice in the Northern Mid-Michigan areas and toassigned to a buyer or a seller client, that party's
some "Old School" real estate companies, not fullyinformation remains confidential between that agent,
understood because of lack of education or the needthe broker and that client only. Other agents within
to stick with "the old way of doing things".A buyersthat brokerage will not have access to the clients
agent has the fiduciary responsibility to represent theinformation, nor will they be representing that client in
buyer in a real estate transaction. A buyer will thenany way.Another way to clarify that is, in a traditional
enter into a contract with that Buyers Agent. Tooffice, the client is represented by the entire
make is better understood, it almost like listing abrokerage, weather they are a buyer or a seller. In a
person, instead of a house. The buyer agrees thatdesignated office, the client is only represented by
they will work with that buyers agent only, asthe assigned agent and the broker.I know! This even
outlined in their contract agreement. This agreementleaves some real estate agent's heads spinning! It can
can last from a few days to several months orbe confusing. The best way to find out how you will
years, depending on what the buyer and agent agreebe represented, is to ask the agent you are going to
on. The agent and client will also agree on thebe working with and have them define their office
geographic areas that this agreement covers. Forpolicies regarding agency relationships.Ivie Baker
instance, an agent in Gladwin many not want tospecializes in waterfront and recreational properties.
represent the buyer in a transaction in Detroit. So it isShe has been with Kehoe Realty Inc since April of
wise to outline these areas in the contract. (For1999 and is an Accredited Buyer Representative
example: the buyer and agent agree that the(ABR). This designation is a benchmark of excellence
contract only pertains to Gladwin and Clare Counties).in buyer representation. She is also her own
That way, a buyer could do other real estatewebmaster for her real estate sites.