Before You Contact An Agent To See A House in Indiana, You Should Know...

The agent listed on the sign has a contract with the seller and ONLY represents the seller. The listings agent's loyalty is to the seller. To them, a buyer is a customer and they only have to tell you about known property conditions and other disclosures affecting the value of the home as required by law. They must treat you honestly and not give you false information. Everything else must be held in confidence for the seller, especially if it would give you an advantage over the seller. And this is in direct conflict with some questions you may want answered. Would the seller take less than the list price? What price should I offer? Why are they selling? How soon do they need to close?

As your buyer's agent, I can get some of these questions answered. I can let you know if the list price is supported by a market analysis of similar properties, and help you determine an offer price. I can check for past sales of the home. I can help you find lenders and home inspectors. Some buyers think the listing agent will know more about the property. In some cases, this may be true. But, if you have questions I don't know the answer to about the property, I will find out from the listing agent, because the agent is REQUIRED to answer all questions about the property truthfully. Then I can help you construct an offer that is to your advantage without considering the impact on the seller. I represent you. My loyalty is to you. My goal is to get you the house you want on your terms and at your price.

Most buyers don't know this. They call the agent on the sign, get to the house, and in their excitement, start sharing information about themselves and how much they like the house. Because of this, Indiana State law requires listing agents to explain this to you prior to you revealing any confidential information about your finances, reason for buying, what you want to spend, etc. If you meet an agent at an open house or while looking at one of their listings, you should never reveal this type of information. Because once it's out it can't be taken back and it could be used later to the seller's advantage. The agent is required to tell the seller EVERYTHING you shared. I have shown homes to buyers who have already looked with other agents and WERE NEVER TOLD THIS!

The only exception to this is if you have a written agreement with an agent for limited agency. In this case, the agent is required to treat the buyer and seller exactly the same and can't tell either party anything that could give the other an advantage unless they have been given permission to do so in writing. Neither can be told if the other would pay more or accept less. Neither can be told why the other wants to buy or sell. In the best case scenario, everyone is happy with this arrangement. In the worst, someone feels cheated and it becomes a source of litigation. Some states won't even allow an agent to work both sides of a transaction. A common statement explaining why this isn't permitted is that neither side is being represented to the BEST OF AN AGENT'S ABILITIES. It would be like an attorney representing both sides. I once had a continuing education (code of ethics) instructor tell us that if a buyer agrees to limited agency, you must not have explained it right.

In the state of Indiana, it is a matter of personal choice. The most important thing is that you know the facts to make a choice before you meet with a listing agent. Some people are comfortable sharing an agent with the seller. If you're not, you need an agent who only represents you. This is a buyer's agent. If the property you want to see is one of my listings, I would be happy to refer you to a qualified buyer's agent to represent YOU in the purchase of the home.