SERVICES

You may find the following information helpful when selling or purchasing a home:

Texas law requires all real estate licensees to give the following information about brokerage services to prospective buyers, tenants, sellers, and landlords. (This same information can be downloaded in the form of an Adobe Reader file.)

Information About Brokerage Services 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 subagency 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:

(1) shall treat all parties honestly;
(2) may not disclose that the owner will accept a price less that the asking price unless authorized in writing to do so by the owner;
(3) 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
(4) 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

SHOULD I USE A BUYERS AGENT OR A LISTING (SELLERS) AGENT?

“This is a good question and one that so many buyers are not clear on. I wish all buyers understood how a REALTOR^® gets paid so that all of them would use a buyer’s agent when purchasing a home.
You should ALWAYS use your own REALTOR^® when purchasing a home. Here is why; when a listing REALTOR^® goes to list a property, they have the homeowner sign an agreement for the commission they will pay. The typical amount is 6%. If the listing REALTOR^® brings their own buyer, they will get the full 6%, and if another REALTOR^® brings the buyer they will split it 3%, and 3%. So you see, the 6% will get paid either way. It is just a question of whether you will get your own representation or not. If you bring your own REALTOR^®, you will have someone who is really only interested in getting you the best deal and negotiating on your behalf only. When you go to the listing agent you are dealing with someone who has a bit of a conflict of interest b/c they are also interested in making sure the seller gets a good deal on the house as well. Of course, we as REALTORs^®  love to have both sides of the deal and make more money, but it really is not in your best interest. It really cost you nothing to have your own REALTOR^® and should help you to come out much better in negotations as well as in any situations that come up throughout the transaction.. .”

BYERS AGENT VERSUS A SELLER (LISTING) AGENT?

Basically, a listing agent or seller’s agent represents the seller and the buyer’s agent represents the buyer. However, any real estate agent can serve in either role depending on the client’s needs, or he can serve in both roles under a dual agency. Many agents specialize in working with sellers or working with buyers and there may be some benefit to that, particularly if you need the agent to run the whole show for you because you won’t be present during the buying or selling or you are purchasing the property sight unseen. When an agent is acting as a listing agent, she or he generally has the following duties:

• Assist in valuing and properly pricing the property for sale. To sell your property for the highest price in the shortest time with the least inconvenience, you must accurately and competitively price your home. These two things don’t always align, so it is important to have an agent who understands how to strike the proper balance and sell your home for the price you want.

• Suggest any necessary repairs and improvements. When the market is good, buyers are particular because there are so many houses on the market. When the market is bad, buyers are particular because there are so few houses on the market. Either way, buyers are particular which means that every detail counts in the sale of your home. Listing agents will tell you which details are most important and worthwhile, so you don’t go upgrading your kitchen countertops to granite when everyone has moved on to concrete or painting your shutters when they really need replacing.

• Market your property. Sure, the listing agent will do things like put a for sale sign up in your yard and host open houses, but the most fruitful type of marketing a listing agent does is to other agents

  • to buyers’ agents. This happens through placing an MLS listing (which generally only real estate agents can do) and networking with other agents.

• Present and negotiate offers on your behalf. A listing agent sorts out the difference between low-ball offers and genuine compromise offers, and she will tell you whether the market will allow you to wait around for the offer you really want. As well, the agent will help you understand the legal details of the offer and what things need to be done to complete the transaction should you accept the offer.

• Follow through on the contract contingencies until the sale closes. When parties enter into a sales agreement, there are certain things the buyer must do and certain things the seller must do before escrow closes and the sale is complete. A listing agent makes sure those things are done so that the buyer has no reason to back out of the contract or, worse yet, sue.

A buyers’ agent generally has the following duties:

• Assist in finding properties. A buyers’ agent searches for homes that meet your criteria and shows them to you. As well, the agent gets access to houses that you find on your own. Often, through his contacts, the agent is able to show you houses that aren’t listed in the newspaper or on websites or houses that are a good deal for some undisclosed reason or another.

• Assist in determining which property is best for you. A buyer’s agent will research the history of each property and point out those things that could present a problem. An agent should also be able to spot problems when she shows you each house such as explaining whether an addition adds or detracts value or whether the property will be noisy at night.

• Make and negotiate offers on your behalf. A buyer’s agent will help you make an offer that’s fair, not too generous or insulting. He will tell you whether a carport is really worth an extra couple thousand dollars or whether you should push for the pool to be serviced before you move in.

• Follow through on the contract contingencies until the sale closes. Just like the listing agent, the buyer’s agent makes sure that all contingencies are met and the deal closes.