Buyer brokerage

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for a general article of the scope of real estate brokerage, see Real estate broker

Buyer brokerage (or Buyer agency as it is also known) is the practice of real estate brokers (and their agents) representing a buyer in a real estate transaction rather than, by default, representing the seller either directly or as a sub-agent. In most states, until the 1990s, buyers who worked with an agent of a real estate broker in finding a house were customers of the brokerage, since, by most common law of most states at the time, the broker represented only sellers. Only in the last fifteen years or so have states passed statute law to create buyers' agency.

Today, if the buyer is working with a broker other than the brokerage which "lists" the property, he may choose to enter into a buyer-brokerage agreement to be represented. (In some cases where dual agency is permitted by law, even the listing broker may represent the buyer). If the buyer does not enter into this agreement, he/she remains as a customer of the broker who is then the sub-agent of seller's broker.

1 Buyers as clients
2 Buyer Agency Agreements
3 See also
4 External links

[edit] Buyers as clients

With the increase in the practice of Buyer Agency in the US, especially since the late 1990s in most states, agents (acting under their brokers) have been able to represent buyers in the transaction with a written "Buyer Agency Agreement" not unlike the "Listing Agreement" between brokers and sellers (often referred to as seller agency). In this case, buyers are clients of the brokerage where as normal the sellers are the clients of the brokerage.

A real estate brokerage attempts to do the following for the buyers of real estate:

Find real estate in accordance with the buyers needs, specifications, and affordability.
Takes buyers to and shows them properties available for sale.
When deemed appropriate, prescreens buyers to ensure they are financially qualified to buy the properties shown (or uses a mortgage professional to do that task).
Negotiates price and terms on behalf of the buyers and prepares standard real estate purchase contract by filling in the blanks in the contract form. The buyer's agent acts as a fiduciary for the buyer.

[edit] Buyer Agency Agreements

Like the listing agreement with sellers, the Agreements with buyers must have a starting and ending date as well as specifying how the buyer's broker is to be paid (by the seller or by the buyer himself). In addition, it should spell out the duties and obligations of all parties.