Annotate Exclusive Purchasing Agency Agreement

Aug 6th, 2022
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How to Annotate Exclusive Purchasing Agency Agreement

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A buyer agency agreement is a contract between a real estate broker and a potential homebuyer, allowing the broker to show homes to the buyer in exchange for a commission. The video explains the role of a buyer’s agent, who is responsible for researching and displaying home listings, as well as negotiating the purchase on the buyer's behalf. It also discusses exclusive agency versus non-exclusive agency agreements and highlights important elements to include in a buyer agency agreement. Additionally, the concept of dual agency is mentioned, where one agent represents both the buyer and seller, which may be illegal in some states if the listing lacks an agreement.

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Types of Buying Agency Agreements These agreements must include an expiration date, a fair housing statement, a blockbusting statement, and a signature line for both the broker and the seller.
Exclusive Agency Listing: A contractual agreement under which the listing broker acts as the agent or as the legally recognized non-agency representative of the seller(s), and the seller(s) agrees to pay a commission to the listing broker if the property is sold through the efforts of any real estate broker.
Home sellers may have the option of offering a real estate agent an exclusive listing or an open listing. An open listing allows other local real estate agents to compete to find a buyer for the property. An exclusive listing gives the sole agent an incentive to work hard for the sale.
Buyer hereby agrees to hire Broker to act as Buyers exclusive real estate broker to assist Buyer in locating, and to the extent authorized elsewhere herein, negotiating the purchase or exchange of real property on behalf of Buyer.
In an exclusive right-to-sell agreement, the seller will be responsible for paying the realtor fees even if they find the buyer completely on their own. With an exclusive agency listing, the seller will only pay fees in the event the realtor finds the final buyer.
What Does Exclusive Mean on a Real Estate Listing? The word exclusive indicates that the listing for the property is being handled by a single agent. No other agent can show the property or negotiate a sale. If it is an open listing, any agent can show the property and negotiate a deal.
The listing agreement creates an agency and fiduciary relationship between the seller and the broker, with the seller being the principal and the broker as his agent. The broker usually has salespeople working for her to provide the services, consisting mainly of finding buyers for the property.
Exclusive agency listing agreements are most often used with flat-fee listing brokers who provide limited service to their clients. In this type of agreement, the listing broker serves as the real estate sellers agent or representative.

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