Many first time home buyers end up working with a subagent, otherwise known as a seller’s agent and it’s important to understand that these agents are working on behalf of the seller, not the home buyer. Seller’s agents are hired to represent the seller and bring the buyer to the deal, but they do work on a commission and have certain rights and responsibilities towards the buyer.
Different states have varying regulations on the practice of seller’s agents, but they have common responsibilities and restrictions as defined by national laws. According to Ilyce Glink, author of the book ‘100 Questions Every Home Buyer Should Ask’, homebuyers should thoroughly review the agent disclosure form before signing under the services of an agent to understand the scope and limitations of the agent’s work. Generally, a seller’s agents’ responsibilities and restrictions include:
The seller’s agent can provide you with detailed pricing lists of comparable homes in the area. These are often called ‘comps’ and are a compilation of similar homes in the neighborhood, listing information and their list prices. This information ensures that you are not offering, or being offered, an unreasonable price when it’s time to negotiate.
Seller’s agents cannot dictate, or otherwise pressure, home buyers into buying a home. The seller’s agent’s job is to facilitate the selling of a home but it doesn’t mean that they can force homebuyers into buying a home. You might be in a situation wherein you are deciding between two homes that are handled by one subagent. In this case, the seller’s agent cannot compel you to choose one home over the other.
The seller’s agent cannot point out defects in the home. The seller broker cannot say anything that would influence your decision to purchase, or not purchase the property. Any material hidden defects can be disclosed, but you will need to conduct your own research to find out if the home is in good condition.
The seller’s agent cannot make suggestions on the best offer for the home. It may be tempting to ask the seller what price you should pay for the property, but they cannot legally offer this information at any time during your communications. The seller broker has certain obligations to the seller, so this information may impede on that relationship.
With all the restrictions on your relationship, a seller’s agent can still ask for referrals from you. Seller’s agents are typically self-employed or small business owners and there is no law that restricts someone from referring others to a business.
The job of a seller’s agent is to make the buying and selling process as smooth as possible. As a buyer, you have to remember that seller’s agents are working for the seller. Therefore, it is still important for you to do your own research and work with a professional buyer’s agent.
About the Author: Alexandria P. Anderson is a Minnesota Real Estate agent that helps people to find and purchase Condos in Minnesota and other properties in the Twin Cities of Minneapolis and St. Paul.
