Buyers Agents Work for Buyers, Not Sellers
Do you remember when most Real Estate Agents worked primarily (or exclusively) on the Seller’s behalf?
Times have changed! In Texas, you have a right to representation in a real estate transaction. The Sellers and the Buyers should each have their own representation.
Your Buyers Representative should work for you, as their principal, and only you, representing YOUR best interests in the purchase of your home or investment property in the Austin area. Your Buyers Agent has a fiduciary responsibility to you. These duties include:
- Loyalty
- Obedience
- Disclosure
- Confidentiality
- Reasonable Care and Diligence
- Accounting
In order to avoid confustion about whose interests an agent or real estate brokerage represents, Texas law requires a document called Information About Brokerage Services to be given to a prospective client upon the first substantive discussion about real estate. This document describes in clear language the three typical scenarios in a Broker-Client relationship:
- The broker represents the seller
- The broker represents the buyer
- The broker acts as an intermediary to both parties in the transaction.
Texas Licensing for Real Estate
In Texas, all real estate agents must be licensed and hang their license at one real estate brokerage.
This brokerage is responsible for the actions, including misconduct of their licensed agents. My Texas real estate license is with Coldwell Banker, a brokerage I selected because of their strong, and long history of integrity, accountability and professionalism.
Your Buyers Agent Works For You
Who represents you?
Are you sure?
When you’re selecting the agent that will represent you, make sure you have this critical discussion so that you understand whether or not the agent you’re speaking with will be representing your interests as a buyer, or if they are already representing the interests of the seller.
Most Buyers Representatives will want you to sign an agreement that states that they will be representing you in the transaction. This document serves to protect your interests as the buyers because it makes it clear that your agent is representing you and no one else.
Now that you know you have this right, you may have questions about the additional benefits that having a Buyer’s Representative (Buyer’s Agent) working for you. Please read my article on Why Do You Need a Buyer’s Agent.
Information About Brokerage Services
The full text of Information About Brokerage Services (TREC No. OP-K):
Before working with a real estate broker, you should know that the duties of a broker depend on whom the broker represents. If you are a prospective seller or landlord (owner) or a prospective buyer or tenant (buyer), you should know that the broker who lists the property for sale or lease is the owner’s agent. A broker who acts as a subagent represents the owner in cooperation with the listing broker. A broker who acts as a buyer’s agent represents the buyer. A broker may act as an intermediary between the parties if the parties consent in writing. A broker can assist you in locating a property, preparing a contract or lease, or obtaining financing without representing you. A broker is obligated by law to treat you honestly.
IF THE BROKER REPRESENTS THE OWNER:
The broker becomes the owner’s agent by entering into an agreement with the owner, usually through a written listing agreement, or by agreeing to act as a subagent by accepting an offer of sub agency from the listing broker. A subagent may work in a different real estate office. A listing broker or subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. The buyer should not tell the owner’s agent anything the buyer would not want the owner to know because an owner’s agent must disclose to the owner any material information known to the agent.IF THE BROKER REPRESENTS THE BUYER:
The broker becomes the buyer’s agent by entering into an agreement to represent the buyer, usually through a written buyer representation agreement. A buyer’s agent can assist the owner but does not represent the owner and must place the interests of the buyer first. The owner should not tell a buyer’s agent anything the owner would not want the buyer to know because a buyer’s agent must disclose to the buyer any material information known to the agent.IF THE BROKER ACTS AS AN INTERMEDIARY:
A broker may act as an intermediary between the parties if the broker complies with The Texas Real Estate License Act. The broker must obtain the written consent of each party to the transaction to act as an intermediary. The written consent must state who will pay the broker and, in conspicuous bold or underlined print, set forth the broker’s obligations as an intermediary. The broker is required to treat each party honestly and fairly and to comply with The Texas Real Estate License Act.A broker who acts as an intermediary in a transaction:
- shall treat all parties honestly;
- may not disclose that the owner will accept a price less than the asking price unless authorized in writing to do so by the owner;
- may not disclose that the buyer will pay a price greater than the price submitted in a written offer unless authorized in writing to do so by the buyer; and
- may not disclose any confidential information or any information that a party specifically instructs the broker in writing not to disclose unless authorized in writing to disclose the information or required to do so by The Texas Real Estate License Act or a court order or if the information materially relates to the condition of the property. With the parties’ consent, a broker acting as an intermediary between the parties may appoint a person who is licensed under The Texas Real Estate License Act and associated with the broker to communicate with and carry out instructions of one party and another person who is licensed under that Act and associated with the broker to communicate with and carry out instructions of the other party.
If you choose to have a broker represent you, you should enter into a written agreement with the broker that clearly establishes the broker’s obligations and your obligations. The agreement should state how and by whom the broker will be paid. You have the right to choose the type of representation, if any, you wish to receive. Your payment of a fee to a broker does not necessarily establish that the broker represents you. If you have any questions regarding the duties and responsibilities of the broker, you should resolve those questions before proceeding.
Texas Real Estate Brokers and Salespersons are licensed and regulated by the Texas Real Estate Commission (TREC). If you have a question
or complaint regarding a real estate licensee, you should contact TREC at P.O. Box 12188, Austin, Texas 78711-2188 or 512-465-3960.
