Working with Buyers in North Carolina

There are four types of Agency that a buyer can enter into with a Realtor in North Carolina.

Exclusive Buyer Agency.  This agency agreement is a mutual commitment between you as a buyer and your agent and offers the strongest protection for your best interests out of all four agency relationships.  With this type agreement, you and the agent have a business relationship and will work together to find a great home.  The buyers agent's responsibilities to you are to:

-- promote your best interests
-- be loyal to you
-- follow your lawful instructions
-- provide you with all material facts that could influence your decisions
-- use reasonable skill, care and diligence, and
-- account for all monies they handle for you.

Once you have agreed (either orally or in writing) for the agent to be your buyer's agent, they may not give any confidential information about you to sellers or their agents without your permission so long as they represent you. 

Read about the Advantages to using an Exclusive Buyers Agent.

Raleigh Realtors Buyers AgentDual Agency.  If you call the listing agent directly to see a property and decide that's the right house for you, you and the agent are entering into Dual Agency.  By law, the agent must disclose the dual agency status in writing so that you have a clear understanding their loyalties are now divided between you and the seller.  Nevertheless, a dual agent must treat buyers and sellers fairly and equally. Although the dual agent owes them the same duties, buyers and sellers can prohibit dual agents from divulging certain confidential information about them to the other party.  The dual agent's job is to bring both parties together, not to give any advice or opinion to the buyer or seller as to how to negotiate. 

Raleigh Realtors Dual AgencyNon-Exclusive Buyer Agency.  This agency agreement allows an agent to represent you on just one particular house, area, price range, etc.  You can specify the terms of the agreement.  The only thing you give up by signing this type of agency agreement is the ability to cut out the agent (and their commission) who actually finds the perfect house for you.  You have the ability of working with several agents.  What if you find a house that isn't listed on the MLS and would like an agent to represent you when submitting an offer, you can use this type of agency agreement.  The agent is looking out for your best interests throughout the transaction. 

Seller's subagent.  If an agent finds the perfect house for you which they (or their company) are not the listing agent and you choose not to have that agent be your buyers agent but still write the offer, then the agent is considered a seller's subagent.  Legally the agent represents the seller, not you.  The agent must be fair with you and provide you with any "material facts" (such as a leaky roof) about the property.  Any information you give to that agent can be given or told to the seller directly.  For example, if you tell the agent your financial situation and how much money you can afford, it's like telling the seller directly.  The agent is legally bound to convey private information to the seller.  So remember, the agent represents the seller - not you - and therefore must try to obtain for the seller the best possible price and terms.  This type of agency is not the best for a buyer because there is no wall of protection.  Raleigh Realtors

 

Until you have agreed to work with an agent as a buyers agent, you should avoid saying anything you do not want a seller to know.

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