ABR (Accredited Buyers Agent)
Benefits of Working With An ABR
Buyer's Agent
Duties
Buyer's Agent Washington State Law of Agency
(PDF Pamphlet download)
Accredited
Buyer
Representation
Information courtesy of REBAC
What Is A Buyers Agent?
A real estate buyer's representative represents
the buyer who is purchasing property in a real estate transaction.
Research by the National Association of REALTORS has shown that when a buyer's
representative is used, the prospective buyer found a home one week faster and
examined three more properties than consumers who did not used a buyer's
representative.
The buyer's representative works for, and owes
fiduciary responsibilities to, the real estate buyer and has the buyers best
interest in mind throughout the entire real estate process. A buyer's
representative will:
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Evaluate the specific needs and wants of the
buyer and locate properties that fit those specifications.
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Assist the buyer in determining the amount they can afford (pre-qualify), and show properties in that price range
and locale.
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Assist in viewing properties --accompany the
buyer on the showings, or preview the properties on behalf of the buyer to
insure that the identified specifications are met.
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Research the selected properties to identify
any problems or issues to help the buyers make an informed decision prior to
making an offer to purchase the property.
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Advise the buyer on structuring an
appropriate offer to purchase the selected property.
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Present the offer to the Seller's agent and
the seller on the buyer's behalf.
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Negotiate on behalf of the buyer to help
obtain the identified property --keeping the buyer's best interests in mind.
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Assist in securing appropriate financing for
the selected property.
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Provide a list of potential qualified vendors
if these services are needed, inspectors, contractors, landscapers for
example.
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Most importantly, fully-represent the buyer
throughout the real estate transaction.
For more information on agency click on
Washington State Law of Agency
or Buyer's Agent Duties
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Benefits
of Working
with an ABR
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If desired, I can make recommendations and
provide assistance in securing appropriate financing for the selected
property as well as providing you with contact information qualified
professionals and tradesmen for property inspection services, movers,
attorneys, carpenters, and any other possible service you may require.
-
Most importantly, you can enjoy peace of mind
in knowing that your best interests are being effectively promoted and
protected under the guidance of a qualified, competent and knowledgeable
professional Buyer Representative throughout the real estate transaction.
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Buyers
Agent When you use
a buyer's agent or buyers agency this means that you are working with an agent
that has your best interests in mind. Buyer's agents will work to
negotiate the best price, ensure the property is inspected, inform you of
local issues and make sure that
you have the representation you need. The things you tell a buyer's
agent remain confidential.
The type of agreement you sign with a buyer's
agent will dictate how the arrangement works. Basically, you
negotiate the terms of the agreement up front so both you and the agent know
what to expect and are comfortable with the relationship.
Typically, however, if the agent has been
otherwise very helpful and attentive, most buyers still pay some type of
compensation even if the agent was not involved in finding the home they end up
purchasing. If you do decide to use a buyers agent, there are a few
things to be aware of. Dual Agency:
This means that the agent is representing both the
seller and the buyer. In the dual agency
situation, both the buyer and the seller must be made aware of the
arrangement and privileged information cannot be shared unless you agree.
Buyers' Agency Clause: You need to be aware that
signing a buyer's agency agreement may include a blanket clause stating that
the agent receives a commission on any home purchase in an agreed upon area. If you think it is
likely that you will find something without the help of the agent, then you
want to specify in the agreement that a home you find on your own, a FSBO, for
example, will not require payment of the negotiated fee. You may want to
negotiate with the agent on a fee for service basis to protect your
interests if you do find a home on your own that is not listed.
Release Clause: Make sure you have
a "release clause" in your buyer's agency agreement just in case you find
you cannot work with your agent. This will allow you to sever ties
without any future problems. You may need to take advantage of this
clause BEFORE you see any houses --or at least any houses you think you are
interested in.
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Washington
State
Law
Defines
Buyer's
Agent
Duties
RCW 18.86.050. Buyer's Agent -Duties. Section Five
-
Unless additional duties are
agreed to in writing signed by a buyer's agent, the duties of a buyer's
agent are limited to those set forth in RCW 18.86.030 and the following,
which may not be waived except as expressly set forth in (e) of this
subsection:
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To be loyal to the buyer by
taking no action that is adverse or detrimental to the buyer's interest in
a transaction;
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To timely disclose to the
buyer any conflicts of interest;
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To advise the buyer to seek
expert advice on matters relating to the transaction that are beyond the
agent's expertise;
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Not to disclose any
confidential information from or about the buyer, except under subpoena or
court order, even after termination of the agency relationship; and
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Unless otherwise agreed to in
writing after the buyer's agent has complied with RCW 18.86.030(1)(f) of
this act, to make a good faith and continuous effort to find a property
for the buyer; except that a buyer's agent is not obligated to: (i) Seek
additional properties to purchase while the buyer is a party to an
existing contract to purchase; or (ii) show properties as to which there
is no written agreement to pay compensation to the buyer's agent.
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The showing of property in
which a buyer is interested to other prospective buyers by a buyer's agent
does not in and of itself breach the duty of loyalty to the buyer or
create a conflict of interest.
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The representation of more
than one buyer by different licensees affiliated with the same broker in
competing transactions involving the same property does not in and of
itself breach the duty of loyalty to the buyers or create a conflict of
interest.
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