Ken, A very very very small minority of registrants in the lead up to buyer agency becoming legal in Ontario, had ever complied with
the EXCLUSIVE SELLER AGENCY provisions that had been legally required prior to 1995.
Well, for one thing buyer agency contracts are not, like
exclusive seller agency contracts, mandatory.
In many states, you can practice exclusive buyer agency,
exclusive seller agency, or something in between.
Not exact matches
The
Seller instructs the LISTING Brokerage to solicit any and all offers on the subject property, from any Purchaser represented under a duly authorized BUYER REPRESENTATION Agreement (
EXCLUSIVE OF DUAL
AGENCY) and the
Seller further hereby Agrees to include in the final negotiated selling price an amount equal to the Buyers obligations contained in such Buyer Representation Agreement.»
The recently released 2001 NAR Member Profile shows that more than 80 percent of REALTORS ® represent buyers in at least some transactions: 51 percent use disclosed dual
agency for in - house transactions, 25 percent practice single
agency (representing either a buyer or a
seller, but not both, in a transaction), and 5 percent practice
exclusive buyer
agency.
What's needed is a better - educated public and mandatory continuing education on
exclusive buyer and
seller agency.
First,
exclusive buyer
agency agreements are contracts that are enforceable in a court just as listing agreements are enforceable against
sellers.
The
exclusive listing includes both
exclusive right to sell and
exclusive agency agreements which benefit
sellers and lessors since they establish a clear line of responsibility on the part of the
seller or lessor and the listing broker.
Working by «
Exclusive Buyers»
Agency», by commitment with Buyers» or
Sellers is what I will practice.
A buyer I am representing under an
exclusive buyer's
agency agreement wants to make an offer to purchase my
seller client's property.
The «standard form»
Exclusive Buyer's
Agency Contract available through real estate boards states in clause 4B that «Prior to the Buyer making an offer to purchase a property, the Buyer's Brokerage will advise the Buyer of the total amount of remuneration offered by the
seller and the listing brokerage to be paid to the Buyer's Brokerage for assisting in obtaining a buyer for that property.»
1] § 17 - 530 (d)(1)(v) Establishes that «An intra-company agent representing the
seller or buyer may provide the same services to the client as an
exclusive agent for the sell or buyer, including advising the clients to price and negotiations strategy, provided that the intra-company agent has made the appropriate disclosure to the client and the client has consented, as required by this section, to dual
agency representation.»
«The funds come off the
seller's side, creating the illusion that the
seller pays,» says Jay Reifert of the Excel
Exclusive Buyer's
Agency in Madison, Wis. «But you are the only one bringing money to the closing table.»
79 DOS 99 Matter of DOS v. Pagano - disclosure of
agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide
seller client with
agency disclosure form prior to entering into listing agreement and fails to timely provide
agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using
exclusive right to sell listing agreement without mandatory definitions of «
exclusive right to sell» and «
exclusive agency»; broker breaches fiduciary duties to
seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to
seller by referring
seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect
seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have
seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained
I see it headed toward more specialization, toward
exclusive buyer
agency and
seller agency companies.
The service - to - the - consumer aspect of buyer
agency is not going to fulfill its promise until we get back to the original idea of specialization —
exclusive buyer
agency, in which the salesperson represents only buyers and never
sellers.
Only an
exclusive buyer agent, who works for a real estate company that doesn't list properties for sale or represent
sellers, can guarantee that they will never practice dual
agency or designated buyer
agency.
Designated
agency has been legislatively created in many states, allowing the management of a brokerage to establish an office policy, whereby the managing broker appoints, or designates, one licensee associated with that brokerage to act as the
exclusive agent of the buyer and another to act as the
exclusive agent of the
seller.