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HOME BUYERS - THE HISTORY AND BENEFITS OF REPRESENTATION

Prior to legislation creating Buyer Representation, the adage 'Buyer Beware' was in full force. When a Buyer was shown a property by a real estate Agent, the Buyer may have assumed that the Agent was working for him or her; in fact, the Agent was looking out for the Seller's interest.

On June 1, 1997 Connecticut Real Estate Agency law changed to address this fundamental inadequacy of the existing law.

In order to protect Buyers, the law allows the Buyer to be represented by an Agent. The Agent's responsibility to the Buyer is based on state law and the REALTOR Code of Ethics. The relationship between the Agent and Buyer is a fiduciary relationship - the Agent owes the Buyer confidentiality, loyalty, disclosure, diligence, obedience, accounting, and reasonable care.

The Agent can show a represented Buyer any Connecticut property, point out material problems, research recent comparable home sales, give advice on offers, and negotiate terms and conditions on the Buyer's behalf.

While the advantages of being represented are significant, some Buyers just want to see a property without obligation to work with a single Agent. In that case, the Buyer may sign a one day/one property agreement limiting their obligation while being represented for that showing.

In the event that a Buyer opts to be unrepresented, they may sign an Unrepresented Person form with the Agent. That Agent may show the Buyer homes listed by that Agent's Broker, however, the Agent will be representing the Seller.

Buyer Representation gives the Buyer the benefit of working with an Agent who will represent the Buyer's interest.

Posted Friday Mar 20

I can't understand why a Buyer wouldn't want representation under a Buyer Representation Agreement.

The seller has a contract with their agent (the listing); and we now also have a choice of a Buyer Representation Agreement or a Customer Service Agreement (similar to what you descibe).


If I chose to buy a home, knowing that the seller has representation, surely I would want a Realtor looking after my best interests as well, and getting me the best deal, being loyal to me, giving me advice, disclosing everything to me that has anything to do with the property, etc.
Why would I want anything less?


 

( 05/15/09 11:17AM ) — Lynne

This is a very informative article by Judith Johannsen, asst. counsel for CAR.


http://www.ctrealtor.com/publications/pdfs/TODAYs_BUYER_REPRESENTATION_AGREEMENTS_ARE_KEY.pdf

( 05/15/09 12:23PM ) — Lynne

Here is a good article by the CT assistant counselor for CAR.


http://www.ctrealtor.com/publications/pdfs/TODAYs_BUYER_REPRESENTATION_AGREEMENTS_ARE_KEY.pdf

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