Choose The Right Agent!

As a buyer, its important to choose the right agent, remember, they represent your needs.  Use these questions to interview several agents before you make a choice.

  1. Are you a full time Agent?
  2. How long have you been in the Real Estate business?
  3. Is your license in good standing (see DRE.ORG there is a license check )
  4. Are you an MLS (Multiple Listing Service) Member?
  5. How familiar are you with the area where our home is located?
  6. Can you supply 3 names and addresses of recent clients for whom you help purchase a home that we can contact for reference purposes?
  7. Describe the process of pricing, developing an offer, and negotiating
  8. How do you plan on keeping us informed?
  9. If I choose to work with you, who will you represent in my transaction (see "About Agency" below)?
  10. If I choose to work with you, will you always be my main contact? (sometimes the big name agents/brokers/discounters will delegate and buffer their relationships with clients with less experienced assistants )
  11. Alternatively, will you handle all aspects of my transaction or will you delegate some tasks?
    12. (Often, good agents do what their good at, and have knowledgeable assistants and resources that are invaluable for specialised areas (staging, web marketing, inspections, etc.).

How Your Agent Should Represent You

Remember if you write a contract with the listing agent of the property you choose, the listing agent is first and foremost loyal to the Seller!  

REAL ESTATE AGENCY RELATIONSHIPS
When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand
what type of agency relationship or representation you wish to have with the agent in the transaction.

SELLER'S AGENT
A Seller's agent under a Listing Agreement with the Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that
agent has the following affirmative obligations:

To the Seller:
  • A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Seller.
To the Buyer and the Seller:
  • Diligent exercise of reasonable skill and care in performance of the agent's duties.
  • A duty of honest and fair dealing and good faith.
  • A duty to disclose all facts known to the agent materially affecting the value or desirability of the Property that are not known to, or within the diligent attention and observation of, the parties.
BUYER'S AGENT
A real estate agent can, with the Buyer's consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller's
agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent
acting only for a Buyer has the following affirmative obligations:

To the Buyer:
  •   A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealing with the Buyer.
To the Buyer and the Seller:
  •   Diligent exercise of reasonable skill and care in performance of the agent's duties.
  •   A duty of honest and fair dealing and good faith.
  •   A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties.
An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth about.

AGENT REPRESENTING BOTH SELLER AND BUYER
A real estate agent, either acting directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer in a transaction but only with the knowledge and consent of both the Seller and the Buyer.

In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer:
  • A fiduciary duty of utmost care, integrity, honesty, and loyalty in the dealings with either the Seller or the Buyers.
  • Other duties to the Seller and Buyer as stated above in their respective sections.
  • In representing both Seller and Buyer, the agent may not, without the express permission to the respective party, disclose to the other party that the Seller will accept a price less than the listing price or that the buyer will pay a price greater than the price offered.
The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional.

Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction.

This disclosure includes the provisions of Section 2079.13 to 2079.24, inclusive, of the Civil Code set forth on the reverse hereof. Read it carefully.