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by Matthew McDonough


Are you unsure of what type of real estate agent to use when you are selling your home and/or buying a new home? Understanding the function of a real estate agent and what their relationship to you as a seller or buyer is tremendously important. For a first time home buyer or seller you should be aware of some facts, and clear out the cobwebs of confusion on the responsibilities and duties of a real estate agent.

Real estate agents, depending on the state in which you live, may only be allowed to act only as a seller's or buyer's agent. In many instances however a real estate agent may take on a dual role of representing both the seller and buyer. This type of agent is known as a dual agent. In other words they have a duty to sell the home for the best possible price for the seller, and at the same time are committed to get the best asking price for a buyer. This can be a somewhat upsetting for many people, but the best defense is being in the know about the legal and moral responsibilities associated with a real estate agent's dual agency representation, and how you can feel positive about working with them.

In most states real estate agents are legally required to state which party they are working for. Most of the time real estate agents work for the individuals that are selling a home. Make sure to ask, if you are unclear so to alleviate any nervousness on your part. Always presume that any real estate agent is working for a firm that represents both a seller and a buyer, and if you are a buyer, make sure to keep to yourself any information that may affect any deals that are offered for your purchase of a house. Buyer's agents have a loyalty only to the buyer. This is established by a signing of a contractual agreement between both the agent and the buyer. The buyer should be aware that agents are held to a legal and moral obligation to not reveal any personal facts not only to the home seller, but to the real estate agent. Material disclosure is allowable though about the property, such as any known pest infestations, or problems with the structure itself. A dual agency for a real estate agent is usually understood for them if they represent a buyer; make sure to check into the real estate agent's status for your own serenity. Nonetheless, contract protection is afforded for anyone that is interested in purchasing a property through an agent that represents a seller's interest by signing a contract to represent both.

If you are selling your home and you will be searching to buy a home in the same area you need to expect a reasonable amount of service from the real estate agent that represents you. The agent's goal should be to fully represent your best interests. Your agent needs to clearly inform you if they will require you to sign an exclusive contract. This legally binding contract will require you to work with that agent only. You should always search around for an agent that will allow you to have other realtors working on your behalf to locate a new home for you. All agents should work diligently to help you sell your home by providing comparisons studies of the properties in your area, to handle any inspections or appraisals, and to work with your mortgage lender and in the loan application process. He or she should be more than willing to consider and respect your wishes when scheduling an open house for either other agents or for the general public. Agents should always be courteous about appointment times to meet with you, and should always leave a cell phone in case of unexpected issues surrounding the sale of your home. Your buyer's agent should clearly explain all aspects of the contract to you. Issues such as contract compensation and their exact fees for selling your home, along with other important details such as how long you must list your home with them should be covered in a written contract. Never take their word for it. Get everything in writing. Be careful, verbal contracts, maybe legally binding.

Buying or selling a home should be a pleasant experience. Selling and buying is a serious decision that can influence your financial and emotional well being for years to come - consequences of how informed you are will be long lasting, many years after you have left the bargaining table.
 

About the Author

Matthew McDonough is a real estate investor and a former real estate agent in New York. He owns property throughout the USA. He wants to share is knowledge and operates the website Inside Real Estate Info

 
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