Thomas Murphy - Pine Shores Real Estate

Posted by Thomas Murphy on 12/24/2017

In certain states, attorneys are almost required in order for you to purchase a home. In many states, real estate matters can be handled completely by the real estate agent themselves along with a title company. An attorney’s presence is not required in these states. This is when hiring a real estate agent is most important. 

Buying A Home With An Agent

You can either get your own buyer’s agent to represent you, or you can use the seller’s agent to help you seal the deal. It’s a good idea to have your own agent to represent you, but you have the right to use either option. A buyer’s agent has a duty to keep the buyer’s best interests in mind and to keep all of the buyer’s information private and confidential.

It’s important to find your own buyer’s agent before you even start the house hunting process. Your agent can be a valuable resource in helping you to choose the right home for you and your family. If you decide to use the seller’s agent, their loyalty will be divided between the sellers and you. This is a fine choice as it will be balanced. However, you may want an agent who is completely dedicated to you so that your needs and interests are adequately represented.

If you have a question as to whether an agent is actually representing you as a buyer, the seller, or both, it should be clearly stated in writing for you. This way there will be no questioning as to whom is being represented by who. 

Buyer’s Agent Duties

Having a buyer’s agent is a great resource for you. An agent will be able to help you search for properties. The agent can help you to see properties in person if you are unable to make it to an open house. Buyer’s agents also can provide market analysis to help discover a home’s value. They’ll also strategize with you on negotiating. Other things that the buyer’s agent can assist you with are:

  • Presenting your offer
  • The home inspection
  • The application for a mortgage
  • The completion of the purchase and sales agreement
  • Attend the final walkthrough at the closing

Finding a buyer’s agent is an important part of buying a home. The agent can help you throughout the entire process from finding a home to closing on a home. Your agent can even give you recommendations on everyone who may need to be involved on the road to home ownership including attorneys, inspectors and contractors. It’s important to have someone around who knows all about real estate and can understand every step of the home buying process.

Posted by Thomas Murphy on 8/9/2015

When you walk into an open house and see the home you want to buy, before you start working with the seller's agent, you need to understand who that agent is working for. Many buyers do not understand that the seller's agent has a fiduciary duty or a duty of loyalty to the homeowner. While agency laws differ from state to state they have the same general principles: Typically an agent represents either the buyer or the seller. However, in some cases an agent will assume the role of a dual agent (representing both the seller and the buyer). Make sure to check the agency laws specific to your state, but in general agents fall into these categories: Seller's Agent: A seller's agent works for the real estate company that lists and markets the property for the seller, exclusively representing the interest of the seller. Buyer's Agent: Some states may have written agreements regarding buyer agency. A buyer agent assists the buyer in evaluating properties, preparing offers, and negotiating in the best interest of the buyer. Dual Agency: Dual agency occurs when the buyer's agent and the seller's agent are the same person or company (depending on state law). Dual agents do not act exclusively in the interests of either the seller or buyer. Dual agents cannot offer undivided loyalty to either party. A conflict of interest can arise because the interests of the seller and buyer may be different or adverse. A buyer and seller must agree to dual agency. Always ask your real estate agent about the agency laws in your state. Many states require buyers and sellers to sign a disclosure form at the first meeting between the agent and potential client.