Realtors and Fiduciary Duty

Real estate agents and salespeople are not all created equal. The obvious difference between the two is the difference in licensing. The broker is licensed to negotiate the sale of real estate and represents the principal (seller or buyer).

The salesperson works exclusively for the broker and represents the applicable principal under the direction and license of the broker. But technical licensing issues aside, it's important to remember who's representing you.

 

In our article titled Real Estate Agents Must Have These Qualities, we pointed out many of the qualities of a good real estate agent. In this article, we present the legal fiduciary duties of a real estate agent. 

 

Many real estate investors talk about "finding a good real estate agent" or someone who is familiar with investment properties. This is certainly recommended in real estate investing circles, as it should be.

 

However, there is one thing that many real estate investors or even regular home buyers do not consider and real estate agent in glenfieldthat is the fiduciary responsibility of a real estate agent. Most real estate agents generally represent the seller because that's where most of the money is. 

 

Sellers own the property and want to sell, most buyers have many hurdles to overcome and own nothing.

 

So when we look at "finding a real estate agent" to locate properties, do comps, etc., where are we as an investor/buyer? If you don't have a Buyers Agency with your real estate agent, no matter what they tell you or what type of information they get, the most important question remains "where does their fiduciary responsibility lie?"


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