Representation is your right. Don't sign it away.
This means you have the right to use an agent that represents your best interest without conflict. If an agent tells you otherwise, call us, and let us put you in touch with someone in your state who can explain the laws to you. We advocate your right to representation, and we will connect you to people who can help you, even in the states where the legislatures have passed anti-consumer real estate law.
Not all buyer agreements are a like. Some benefit the buyer and obligated the agent to specific performance, while others have agreements have "dual agency", and "designated agency", clauses in them, requiring you to accept diminished representation. This means that although the agent agrees to represent you as a "buyers agent", they retain the right to automatically switch to "dual agency". Signing an agreement like this is equivalent to signing away your rights to representation free from conflict of interest. It may not seem crucial at the time, but if it turns out that the property you become interested in is also listed by the company that is supposedly representation you as the buyer .... you are then in the position of a defendant relying on the prosecutor's office to defend him. The conflict of interest may cost you.
There is no need to accept this at any time. Why use an agent that "might" represent you, when you can use one that definitely will? No reason, not anymore.
Someday, when the public has fully realized what their options are, all agents may be forced by public demand to offer un-conflicted service. Until then, eba.com is happy to help you find an agent who has made the commitment to true buyer representation. EBAs do not use buyer agency contracts with dual agency clauses, because the never expose their buyer-clients to "dual agency" nor "designated agency ". |