A buyer agent has a duty to act in the best interests of the seller, provide honest and accurate information, disclose any conflicts of interest, and negotiate on behalf of the seller to get the best possible deal in a real estate transaction.
A seller agent in a real estate transaction is responsible for representing the interests of the seller. This includes marketing the property, negotiating offers, and guiding the seller through the selling process. The agent must act in the best interests of the seller and provide them with accurate information and advice.
the seller
A buyer agent has a duty to act in the best interests of the buyer, not the seller, in a real estate transaction. They must provide honest and fair representation to the buyer, disclose any relevant information, and negotiate on behalf of the buyer to secure the best deal possible.
If the seller, for example, does not have a listing agent; he is representing himself by default. If the buyer does not engage the services of a real estate agent, by default, he is representing himself. The seller would be a FSBO, or For Sale by Owner. The Buyer would be self-represented. The downside for either party not having representation is that a real estate transaction is usually the most expensive purchase people make in their lifetime. There are many things that can go wrong and errors can be very expensive.
A transaction broker, however, remains legally neutral, and can assist the buyer and the seller in a transaction.
Yes, as a real estate agent, you can sell yourself a house by representing both the buyer and seller in the transaction, as long as it is done ethically and transparently with full disclosure to all parties involved.
either the buyer or seller of a property There are several types of representation that a real estate agent may be hired to perform. The agent can be retained in a single agency representation to represent the seller or as a buyer-agent representing the buyer. Single agency results in a fiduciary relationship to either the buyer or seller, but not both. Dual agency is where the real estate agent owes a fiduciary relationship to both parties and is not permitted in many states. A real estate agent can also be retained to provide what is called transaction brokerage whereby they do not represent either the buyer or the seller but instead performs services to facilitate the transaction and would be bound to treat both parties fairly but does not owe a fiduciary relationship to either. When retaining the services of a real estate agent inquire as to the nature of their representation and who they in fact represent. Keep in mind that as their representation of a particular party to the transaction evolves, the representation obligations and fiduciary duties may change. It is obligation of the real estate agent to disclose in establishing a relationship and also if and when it changes during the transaction.
In a normal real estate transaction, the buyer or his agent would present the Offer to Purchase to the seller for him to either accept of alter, creating a counter offer. If the offer is acceptable, the seller then signs it, which is referred to as Acceptance.
A principal is the main party in a transaction. The buyer and seller are the principals in a real estate transaction. Their roles are self-explanatory. Buyers and sellers are the driving force behind the real estate market.
A real estate transaction is negotiated, which means the costs can be split up any way that the parties agree. Typically in the US the negotiation starts with the seller offering to pay commissions for both agents involved in the transaction, but there is nothing that requires this to be the case and the parties can agree to something different if they choose.
A real estate transaction may involve a transfer tax, and it can be payable by the buyer or seller, depending on the town in which the property is located. There may also be state and county taxes which is usually paid for by the seller. Check with your Realtor or attorney for details pertaining to your particular transaction.
The purpose of the earnest money deposit in a real estate transaction is to show the seller that the buyer is serious about purchasing the property. It demonstrates the buyer's commitment and helps secure the deal.