Law Offices of
Frequently Asked Questions About Real Estate Representation
What are my options on representation?
The different types of representation when you buy or sell real estate are:
- Broker (Managing)
- Broker (Associate)
Brokers can be:
- Seller’s representative
- Buyer’s representative
- Dual representative
- Exclusive Seller’s representative
- Exclusive Buyer’s representative
A managing broker is responsible for agents and broker associates operating under his or her license
While it is possible for an agent or broker to ‘double end’ a transaction by representing both buyer and seller, parties to the transaction may be better served by each having dedicated representation.
The reasoning for this is that a sales transaction usually is negotiated and each of the parties is interested in achieving the best price and terms possible. A real estate agent or broker, while legally obligated to be fair to all parties, nonetheless has a primary fiduciary duty to either the buyer or seller by contract. Human nature is to favor your employer over a negotiating adversary.
So it is generally best for the buyer and the seller to each have different representation. This can, however, still result in a perceived conflict when both the buyer’s agent and the seller’s agent are licensed under the same broker.
An ‘exclusive’ buyer or seller agent has no fiduciary obligation to the opposing party, however, they are obligated to act fairly and honestly. They have absolutely no obligation to reveal any of their client’s secret negotiating strategy to the opposition.
What's the difference between "Buyer's Broker" and "Exclusive Buyer's Broker"?
An ‘Exclusive Buyer’s Broker’ does not take listings and so does not ever represent the seller in a transaction. An EBB may or may not have a contract with a buyer setting terms of exclusive representation. The buyer is responsible for the EBB fee, however, it is customary for the seller’s broker to pay 1/2 of the seller’s broker fee to the buyer’s broker.
Just as a listing broker has an exclusive right to a selling commission during the term of his contract, so does a seller’s broker have an exclusive right to commission on the buyer’s purchase.