When buyer agency was in its beginning acceptance stages here, I had the privilege of sitting in for our absent board president of the day from time to time, at TREB meetings.
To wit, read my posted comment regarding the billing topic wherein I invoiced the seller's lawyer direct, (as noted in the APS of the day),
when buyer agency first came into play (scroll down)...
When buyer agency contracts first arrived in our trading area, I had calls from the buyer law office thinking the invoice had been received in error, stating that the invoice «should have been sent to the seller's real estate brokerage and subsequently the related law office ``... NOT.
This was a huge problem
when buyer agency first appeared and agents did not look to see how much the co-op commission was being offered.
When buyer agency was adopted circa 1993, it was time to stop selling and start representing.
At the mid 90's timeframe
when Buyer Agency suddenly appeared, seemingly overnight, perhaps the topic should have been newsworthy.
Not exact matches
Justin Miller, a Realtor whose
agency, Beach City Brokers, represented the
buyers in both Manhattan Beach deals, wasn't sure where to start
when trying to incorporate bitcoin into the sale.
The U.S. Export - Import Bank (Ex-Im) is a vital federal
agency that levels the global playing field by providing financing tools for
buyers of American - made products
when commercial financing is not available.
Z. 9 red flags
when working with a small business marketing
agency - DIY Marketing The small business marketing industry: Let the
buyer beware!
Still, that doesn't necessarily mean you should automatically be suspicious of «dual -
agency» — the term used to describe
when a realtor or brokerage represents both the seller and the
buyer.
ICFE DCCS ® Independent Study Guide Table of Contents Consumer Financial Protection Bureau to oversee debt collectors Collection
agencies and junk debt
buyers - Mini-Miranda What to do if a debtor is contacted about past debts Sample cease and desist letter Fair Debt Collection Practices Act Summary from the CFPB Debt that is covered Debt Collectors that are covered Debt Collectors that are NOT covered Debt Collection for Active and Veteran Military Personnel Communications connected with debt collection
When, where and with who communications is permitted Ceasing Communication with the consumer Communicating with third parties Validation of debts Prohibited Practices: Harassing or abusive Practices False or misleading representations Unfair Practices Multiple debts Legal Actions by debt collectors Furnishing certain deceptive forms Civil liability Defenses CFPB / FTC staff's commentary on the FDCPA Common debt collector violations How to document a collector's abusive behavior What to do if a collector breaks the law How collectors are trained - examples of collector training courses FDCPA Sample Exam from ACA for Collectors How collectors are using Social Medias in collections Dealing with creditors and third party collectors Other factors for a debtor in collection: Credit reports and scores Reviewing credit reports with debtors - Permissible uses Rules about credit decisions and notices Debtor education about credit reports and FICO scores Specialty Report Providers Rules to protect consumers in credit card debt How to read and understand credit reports How to make changes or dispute accuracy Freezing Credit Files FCRA / FACTA Provisions of ID Theft victims How credit scoring works The Credit Card Accountability and Disclosure Act Credit Rules CFPB rules establish strong protections for homeowners facing foreclosure Other Resources
(1) Before executing a contract or agreement with or receiving money or other valuable consideration from a
buyer, a credit services organization shall provide the
buyer with a written statement containing: (a) A complete and detailed description of the services to be performed by the credit services organization for the
buyer and the total cost of the services; (b) A statement explaining the
buyer's right to proceed against the surety bond or surety account required by section 45 - 805; (c) The name and address of the surety company that issued the bond or the name and address of the depository and the trustee and the account number of the surety account; (d) A complete and accurate statement of the
buyer's right to review any file on the
buyer maintained by a consumer reporting
agency as provided by the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq.; (e) A statement that the
buyer's file is available for review at no charge on request made to the consumer reporting
agency within thirty days after the date of receipt of notice that credit has been denied and that the
buyer's file is available for a minimal charge at any other time; (f) A complete and accurate statement of the
buyer's right to dispute directly with the consumer reporting
agency the completeness or accuracy of any item contained in a file on the
buyer maintained by the consumer reporting
agency; (g) A statement that accurate information can not be permanently removed from the files of a consumer reporting
agency; (h) A complete and accurate statement of
when consumer information becomes obsolete and of
when consumer reporting
agencies are prevented from issuing reports containing obsolete information; and (i) A complete and accurate statement of the availability of nonprofit credit counseling services.
At times over the last few years
when refinance activity was high and the Fed was reinvesting the principle payments it received, the Fed was the
buyer of the vast majority of all newly issued
Agency MBS.
The report by the legal marketing
agency Greentarget and consultancy Zeughauser — the 2017 State of Digital & Content Marketing Survey — asked in - house counsel and
buyers of legal services to grade the influence of a number of factors
when searching for more information about lawyers.
Quite frankly, I'm not sure we knew exactly what an exclusive
buyer agency was
when we started the company, but our thought process was that we wanted to level the playing field for
buyers.
I remember taking a
Buyer Agency course in the mid-90s with Merv Burgard, Q.C.,
when he emphatically stated: «Discover.
And
when acting on a
buyer's APS (in sub
agency) we were required to spell out the
buyer's arranged financing in detail on the offer (x amount of mtg, at x rate, for a term of x, amortized semi-annually not in advance, payment including or not including taxes) and accompany the offer with a commitment letter from the
buyer's bank or mortgage broker.
In fact,
when Hall holds counseling sessions with
buyers, he asks whether they're familiar with Megan's Law and gives them a list of city
agencies, with phone numbers, that'll perform a registry search for them.
A
buyer agency agreement entitles you to compensation from the
buyer, either directly or indirectly such as
when authority is given the agent to seek compensation from the seller.
Are you stating
when the
buyer and the seller are represented by the same real estate brokerage (in common law
agency) or the same real estate professional (in designated
agency) it is okay?
When only representing the seller, the licensee needs to be careful to avoid creating an undisclosed dual
agency relationship with the
buyer and care should be taken in both words and conduct to ensure that
buyers understand that the sales associate doesn't represent them.
And apparently in many cases don't accept the concept of
buyer agency: to wit,
when delivered a copy of their client
buyer agency contract some have been heard to say: «Why did you sign this??? Only the seller pays commission.
Obviously so because here we are still talking about the topic
buyer agency:
when it applies,
when it should apply, how it's meant to work, hard to believe, 20 years later in our marketplace.
When I explained to my
buyer that if we encountered a property they wanted to buy and the co-op fee did not cover the designated
buyer agency fee in my contract, the
buyer would be responsible for the difference, they understood completely.
And therefore making it awkward at best to practise
buyer agency as per the contract
when stated that in fact the
buyer will pay?
The entire MLS infrastructure remains fully rooted in Seller
Agency from the monthly press releases issued by ORE on selling prices to false claims that real estate is a great financial «investment» to claims of a market being «HOT» or «supply low»
when in fact it is the incompetence of
Buyers Agents that allows this nonsense to continue.
I would even question if
when a
buyer doesn't have representation and Full
Agency Disclosure, if a Purchase and Sale Agreement is legally binding — from a «meeting of the minds» perspective!
To provide any more information than is necessary is foolhardy and places our seller client at assuming the risk which should fall to the
buyer (
when not in
agency) under the onus of caveat emptor, because you are right in one regard — the
buyer takes the risk for discovering all else of importance to them that is not a latent defect.
«Silly» is a casual but accurate way, to describe the Competition Bureau of Canada expecting a private
buyer (possibly a first time
buyer) of a «mere posting» to comprehend the interrelationship between
Agency Law and the REALTOR Code of Ethics and the pertinent Provincial Real Estate Act,
when the Canadian Senate apparently lacks sufficient clarity of process within itself as it relates to the subject of Senator's expense accounts!
When a home Seller is counselled to offer a lower than average amount of selling commission to a Cooperating Brokerage, are they being advised as to how this may possibly interact negatively with a prospective
Buyer's «
Buyer's
Agency Contract», and if so, why would such a Seller agree to proceed as such — especially, if they've been made aware of any discounts that may apply to their List Price, later, as a result of extended market time?The aforesaid is fundamental to a fiduciary responsibility — yet, I believe that most Provincial Regulatory Authorities would be reluctant to prosecute such a negligent Registrant or Practitioner because the accused would hide behind the argument they were being wrongly persecuted for offering a «competitive business model»!
From day one,
when notified of
buyer Agency being the new way of operating, I signed ALL my buyer agency contracts stating that the buyer would pay any deficiency amounts relative to what was offered on a co-op designation, to bring my commission amount to what was my fee &mdash
Agency being the new way of operating, I signed ALL my
buyer agency contracts stating that the buyer would pay any deficiency amounts relative to what was offered on a co-op designation, to bring my commission amount to what was my fee &mdash
agency contracts stating that the
buyer would pay any deficiency amounts relative to what was offered on a co-op designation, to bring my commission amount to what was my fee — xyz.
Regardless of how brilliantly the Realtor makes his disclosures, the client does not give his «informed consent» to Designated
Agency until such time as
when Realtors inform their future principals (sellers and
buyers) that they — even if innocent — will become «vicariously liable» for the Realtor's misconduct and neglects committed in the course of the principal's business, even though only committed for the agent's benefit (the earning of a commission).
Intelligent and experienced Realtors know
when dual
agency can create problems, and they understand the necessary measures to take which might include getting the lawyers more involved or simply stepping back from either the
buyer or the seller.
When many of us started in the business, some nearly forty years ago that decision was made for us — by the real estate boards, and stayed that way until
buyer agency came on the scene and suddenly almost overnight, each local boards of directors under the ministry guides, and CREA and OREA (in Ontario) intervention were told they had to stipulate new rules; they were no longer able to dictate how much would be charged.
His focus on
buyers began early in his career
when he was one of a number of agents who worked in single -
agency offices in Massachusetts.
They sometimes said that their Realtor (s) was / were trying to shoehorn them into buying certain properties, that they (Realtors) were not showing them properties that they themselves wanted shown, that they (Realtors) were waiting until their
Buyer Agency Agreements were almost concluded before really going out of their ways to show properties (
when they were by then desparate to find a property), said properties being usually their own brokerages» listings, if not their own personally.
One major broker at a committee meeting, chewed my ears off
when I said he should have a copy of all his few hundred agents»
buyer agency agreements on file in his office.
Agency Law governs the relationships we have
when representing a
Buyer or Seller.
Our culture of sales was well established and driven by almost 100 years of momentum
when, about 1994 (depending where you practiced), most of the North American real estate brokerage industry adopted
Buyer Agency.
When the
buyer signs a
buyer agency «contract» then indeed, he IS a client, unless of course he elects to be a «customer.»
Driven by the momentum of a century - old sales culture, of which sale - contingent commission is the backbone, we missed an important turn in the road
when most North American jurisdictions adopted
buyer agency in the early to mid -»90s.
Total Cost you undertake
when signing a
Buyer Agency Contract and you value your time at $ 100 / hr (remember mechanics are now at $ 70 and washer repair men are at $ 80) is:
my beef is
when an
Agency agreement is signed with a
buyer, but you can't enforce it, if another sales rep in the same office sells to the
buyer
I think we need to remind ourselves that there are two categories of consumers that are to be considered in all this:
buyers and sellers, and
when we're working for a seller in a full
agency relationship we have a responsibility of undivided loyalty to them.
He only wanted to see an
agency's
buyer contract
when it became a deal.
So
when I began practising
buyer agency and explaining it not just to my would - be
buyers, but also to my sellers, I began sending actual copies of
buyer agency agreements to the appropriate law office, along with the transaction paperwork.
The
buyers are always welcome to confer with their lawyer, but sadly many lawyer's heads still are in sub-
agency mode, even
when they purport to understand
buyer agency.
When a lawsuit is started for damages (where the seller had been in a Single
Agency relationship with the listing broker), then the
buyer's lawyer will sue not only the listing broker, but also the seller as the listing broker's principal.
That would be nice, but most agents find themselves in dual
agency situations
when dealing with their
buyers and sellers and can no longer represent their clients best interests.
So, yes, our seller has to consent as does our
buyer —
when the salespersons work for the same
agency or the listing and selling is the same person.