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Understanding Real Estate Agency: A Guide to Buyer Representation and Relationships

 


In real estate, the relationship between an agent and a buyer can take on several forms, each with distinct roles and responsibilities. Here's an explanation of the different types of agencies:

1. Agency (Buyer Agency)

When a real estate agent represents a buyer, this is known as a buyer agency. In this relationship, the agent acts as the buyer's advocate, working in their best interest throughout the transaction. The agent owes the buyer fiduciary duties, including:

  • Loyalty: Acting in the buyer’s best interest.

  • Confidentiality: Keeping the buyer’s information private.

  • Disclosure: Informing the buyer of all material facts.

  • Obedience: Following the buyer’s lawful instructions.

  • Reasonable Care and Diligence: Providing competent and professional service.

  • Accounting: Properly handling and accounting for all funds.

2. Non-Agency (Facilitator/Transactional Broker)

In a non-agency relationship, the real estate professional assists the buyer and seller without representing either party. This is often called a facilitator or transactional broker role. The agent assists in the process, providing services such as:

  • Helping with paperwork

  • Facilitating communication between parties

  • Providing access to property information

The agent does not owe fiduciary duties but must remain neutral and honest, ensuring fair and accurate information is provided to both parties.

3. Sub-Agency

Sub-agency is a relationship where the buyer is not directly represented by an agent, but the agent works for the listing broker who has the primary agency relationship with the seller. In this scenario, the sub-agent owes fiduciary duties to the seller, not the buyer. The buyer does not have a dedicated advocate in this arrangement, and the sub-agent's primary duty is to the seller.

4. Transactional

A transactional agency, similar to non-agency, involves the agent acting as a neutral party to facilitate the transaction. The agent does not represent either the buyer or the seller but helps both parties complete the transaction. Duties include:

  • Ensuring both parties fulfill their obligations

  • Providing information and assistance as needed

  • Ensuring the transaction proceeds smoothly

The transactional agent must be fair and honest with all parties but does not owe fiduciary duties to either side.

5. Customer

In the context of a customer relationship, the buyer receives basic services from the agent, but there is no formal agency relationship. The buyer is treated as a customer, meaning:

  • The agent provides limited assistance and information.

  • The agent owes duties of honesty and fair dealing.

  • The agent does not owe fiduciary duties to the customer.

The agent’s primary duty is to their client, who is typically the seller in this scenario.

Understanding these different types of agency relationships helps buyers make informed decisions about how they want to be represented in a real estate transaction and the level of service they can expect from their agent.

Whether buying, selling, or seeking valuable insights into the market, I'm here to be your trusted guide in the dynamic world of real estate. Feel free to contact me for a confidential discussion, where we can explore your goals, address any questions, and navigate the exciting path of real estate together. Your real estate journey is unique, and I am committed to providing personalized assistance tailored to your needs. Don't hesitate to connect; your next real estate adventure awaits!


Dani

734-623-9442 | dani@danihallsell.com


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