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Buyer Agency is probably the most misunderstood
San Diego real estate service available
to today's homebuyer. It is essential that every home buyer
understands "agency" relationships and how those relationships
affect their home buying process. Lack of knowledge in this
one area alone could cost you thousands of dollars and will
definitely hamper your contractual abilities to a fair and
equitable transaction.
Prior to 1993 all San Diego real
estate agents were bound under the common laws of "seller"
agency to protect the seller in every transaction. Though
the agent helped the buyer look for homes, find a mortgage,
and guide them through the contractual process- he/she was
at all times bound to the duties of agency as it pertained
to the seller.
The old agency law recognized all San Diego
real estate agents as either agents or sub-agents to
the seller. This was mainly due to the fact that:
- This was the traditional way the real estate profession
operated, and
- The seller was responsible for all the commission
dollars so it seemed only appropriate to have total
representation.
What Caused the Change in Local Agency Laws?
The number one problem that arose from "seller
agency" was the fact that disclosure was not prevalent.
In other words the buyer not only knew nothing about the
property he/she was buying, other than what the seller's
agent wanted them to know, but they also didn't realize
that "their" real estate agent was really working towards
the seller's interests. As a result, many legal cases and
lawsuits were brought about due to the fact that the buyer
was misinformed about the relationships in the real estate
transaction.
In an effort to alleviate the "the buyer beware" structure
of the San Diego real estate transaction
two major changes came about:
- Agency Disclosure and Buyer Agency, and
- Seller's Disclosure
Agency Disclosure, as required by most states,
requires the San Diego real estate agent
to explain to the customer or client (on the first "substantive
contact") who they represent in the transaction - The Buyer
or Seller. This is to ensure that the buyer understands
right away who is or is not on his/her side of the transaction.
That way confidential information doesn't get mishandled
and conveyed to the wrong party.
The Seller's Disclosure Of Real Property requires the seller
to complete a large questionnaire explaining features of
the home and problems with the property, if any, (past and
present). This too has helped the buyer understand more
about the home they are purchasing and the property's history.
Of course all types of new services, inspections and tests,
have become available letting the prospective home purchaser
examine everything about a specific property. Some of these
include:
Home Inspection- inspection on the structure itself (incl.
systems, building materials, condition of home.)
- Water & Septic Tests where applicable
- Radon Gas
- Mold
- Pools and Jacuzzi's
- Buried Oil TanksLead Paint
Should I Hire a Buyer's Agent?
The answer to this question is a resounding YES. It's what
type of buyer agent that is the difficult question. There
are however some general things to be careful of.
- Do not sign an Agency contract until you understand
it totally. Be careful how long you are obligated to
work with an agent and how they are to be paid. In this
day and age it is customary for the agent to accept
what the "seller" is offering to buyer agents. This
will probably be changing in a few years.
- Make sure you can cancel your agreement at anytime
without penalty.
- Your agent should be willing to show you as many
homes as you would like to see.
Why a Written Buyer Agency Agreement?
For your satisfaction and protection. You
are about to enter into one of the most important decisions
of your life. Your home selection and purchase will not
only impact you financially, but it will affect the way
you and your family will live, and the lifestyles you will
adapt for years to come.
When you hire a San Diego real estate professional,
you need to understand that realtors are independent business
people with business expenses. To accomplish your goals
they need to know that their expenses will be eventually
covered through the transaction.
Therefore, for your own protection and satisfaction, you
want to work only with a real estate professional that is
prepared to make a full commitment to you, your goals and
your expectations.
Advantages by using
www.SanDiego-House.com
and the Advantage VIP Team.
Current San Diego Real Estate
Listings - Receive the
most
up-to-date MLS Listings 24-48 hours
quicker
than MLS Search and HouseTrack.
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All Listings -
Receive
ALL the MLS Listings whereas the MLS
Search and HouseTrack will provide 95-97% of
all listings due to a few brokers not willing
to participate. Don't take a chance on possibly
missing the critical 3-5% of the market because
it could cost you your dream home.
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Convenient - Listings
will come
with
addresses so you are able to preview
the property at your convenience.
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Complete Information -
Full
property information (more property detail
not found on MLS Search and HouseTrack)
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Personalized - Fully
personalized
search criteria to help locate your dream
home.
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Currently our San Diego Home Buyer Representation Fees are
FREE to You. Should you decide to purchase a home using
our services all of our fees/commissions will be paid by
the seller. You are therefore under No Obligation to compensate
us for our time, information, services, or expertise in
helping you to find and buy your home. Call (619) 993-0055
today and inquire about our
FREE VIP
Homefinder's Program.
NOTE: You should be willing to
get pre-approval for a mortgage. That too is FREE
and is supplied in our
FREE VIP
Homefinder's Program.
Wrap Up:
Buyer Agency has brought about good changes in the
San Diego real estate industry for the homebuyer.
A good buyer's agent will save you thousands and thousands
of dollars, guide you to the best homes, and manage your
real estate transaction for you. They should protect you
and use their experience to properly position you both contractually
and during subsequent negotiations with the seller. Their
communication skills should be clear so as to help you through
the myriad of decisions you will need to make. You are looking
for an experienced trusted advisor who understands your
needs (emotionally and financially) as well as your goals.
If you have any questions, or if we may be of service, please
contact Al Rosson at direct
at Toll Free 1-888-865-5055 or
Email Us Here!
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